José Sena Goulão / Lusa
Prime Minister Luis Montenegro
From an ethical point of view, the Prime Minister, Luís Montenegro, should not have used opinions produced by the State’s legal services in the appeal he presented to the Constitutional Court against the decision that obliges him to disclose Spinumviva’s clients.
The Prime Minister Luis Montenegro he used opinions from the State’s legal services to support the appeal he filed with the Constitutional Court, which challenged the decision of the Entity for Transparency to make public the list of clients of the consultancy company he founded, and which he then passed on to his children.
The decision to resort to the state machinery to prepare the appeal, which was, however, generated criticism of several experts consulted by the newspaper, who consider the practice ethically reprehensible — even though the issue of legality does not reach consensus.
Paulo Veiga and Mouraa lawyer specializing in administrative law, is peremptory in stating that this is a a personal and not institutional matter. From his perspective, the prime minister cannot place state resources at the service of private interests, since the dispute concerns your company and its private clients.
The jurist recognizes that the law provides for state support for acts carried out in the exercise of functions, but emphasizes that This prerogative does not extend to private matters.
Also Luis de Sousapresident of the supervisory board of Transparency International, told Público that he shares this opinion, classifying the use of State legal services as “undue and ethically reprehensible“, even though there may be any legal justification.
Already Susana Coroadopolitical scientist and former president of Transparency International Portugal, warns that this use could compromise impartiality of the service that should advise the chief executive.
A issue, however, is not consensual. A public prosecutor considers that there is legitimacy for the appealsince the dispute arises directly from an obligation associated with the exercise of a political position.
Still, the judge recognizes that, from an ethical point of view, it would have been more advisable to use external services.
João Paulo Batalhaan anti-corruption consultant, disagrees with this interpretation, arguing that the obligation arises from the condition of a politician and not specifically Prime Minister, meaning that any other political office holder would hardly have access to the same resourcess.
The appeal presented to the TC was accompanied by two opinions of the State Legal Center and one of the technical-legal core of the Presidency of the Council of Ministers.
However, judges at Ratton Palace decided on Thursday to uphold the decision to not consider the appeal because it was submitted after the deadlinethus forcing the disclosure of the list of clients in the register of interests.
The Entity for Transparency had demanded that Montenegro include in its declaration of assets the Spinumviva customer list and the respective services provided. The Prime Minister submitted the declaration at the end of April, but was opposed to public access, a position that the Entity rejected.
On Friday, the Entity for Transparency announced a possible breach of the competent authorities if the Prime Minister failed to include the list of clients of the family company Spinumviva in his income declaration.
