Public contracting and tax fraud among the complaints made to MENAC
The National Anti-Corruption Mechanism (MENAC) received a total of 42 complaints in 2023, including about the functioning of the courts and judicial proceedings (11), public procurement (nine) and fraud and tax evasion (five).
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País Corrupção
This data is included in the 2023 MENAC annual report - the first that the body has produced since its definitive installation in June of that year -- which states that of the 42 external complaints received, five were anonymous and 37 resulted from the participation of identified individuals.
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According to the report, the same whistleblower presented nine complaints with different subjects on successive dates, and of the 42 complaints received, one was forwarded by the Insurance and Pension Funds Supervisory Authority, a public body.
Regarding the result of the complaints received by MENAC, after assessment by the president of the body, Judge António Pires da Graça, 15 were archived from the outset (preliminary archiving), 17 resulted in the opening of internal proceedings and the carrying out of investigations, and 10 were forwarded to the competent authority.
The 42 complaints related to topics such as the functioning of the courts and legal proceedings (11), public procurement (nine), fraud and tax evasion (five), whistleblower protection (four), labour issues in the public service (three), conflicts of interest in the public sector (two), functioning of the tax administration (two), functioning of Social Security (two), functioning of the security forces (two), moral harassment at work (one), executions and seizures (one).
MENAC also received 194 judicial communications relating to decisions taken at different procedural stages by the Public Prosecutor's Office and the courts when crimes associated with the General Corruption Prevention Regime and the function of MENAC itself were at issue.
The body states that the crimes in question are mainly corruption, abuse of power, embezzlement, malfeasance, "which together are present in 80% of the proceedings".
It also notes that "the majority of criminal proceedings are associated with suspicions involving public entities (93%) and, among these, the sectors of local public administration (49%) and central public administration (27%) stand out".
The report emphasises that "the main risk areas associated with the criminal practices evidenced in the proceedings with evidence are administrative decisions, the exercise of delegated public functions, asset management and public procurement".
As for risk factors, MENAC points to the exercise of discretionary powers, conflicts of interest and the management of material and financial assets of the entities.
In the introductory message of the report, President António Pires da Graça acknowledges the support provided by the Attorney General's Office and the Judicial Police in the installation of the body and promises to "make every effort to fully operationalise MENAC in the shortest possible time", following the recommendations of the latest GRECO (Group of States against Corruption) report.
In its latest report, released in January, GRECO called on Portugal to improve the effectiveness of the system to prevent corruption in the main executive functions of the Government and in law enforcement agencies.
In the report of the 5th evaluation round, GRECO acknowledges that Portugal has developed an extensive anti-corruption legal and institutional framework, but the effectiveness of this framework depends heavily on the full operability of the National Anti-Corruption Mechanism and the Transparency Entity, which has not yet happened.
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