The new prerogative is established in article 7 of that code, approved on the 19th and published today in the Official Gazette, and which presents other differences in relation to that of the previous PS executive.

"In the case of members of the Government, including before their appointment, the Prime Minister may request the competent services to issue an opinion on the possible existence of conflicts of interest," provides the resolution, which also gives the same prerogative to ministers to request opinions with the same objective in relation to the "members of the offices" and before they are appointed.

The resolution does not specify which services the Prime Minister and members of the Government may request the opinions from.

The code of conduct of António Costa's executive did not establish this possibility.

The new Code maintains the duty of members of the Government to communicate to the Prime Minister "as soon as they detect the risk of a potential conflict" and also the duty to "immediately take" measures to "avoid, remedy or cease" the conflict in question.

The new Code maintains this responsibility of the members of the Government and extends it to the "members of the offices".

It is considered that there is a conflict of interest when members of the Government or, in the new code, members of the offices "find themselves in a situation by virtue of which it is possible, with reason, to seriously doubt the impartiality of their conduct or decision".

The resolution adds a number to the article on "responsibility", providing that political responsibility before the Prime Minister, in the case of members of the Government, "may imply "in the case of serious or repeated violation" of the Code of Conduct, "their resignation".

The current government maintained the previous provisions on the acceptance of invitations or offers limited to the value of 150 euros, provided that they are compatible with the institutional nature of the position, and added the duty of communication to the General Secretariat of the Presidency of the Council of Ministers, which must maintain a publicly accessible record.

Announced on the 19th as an "instrument of self-regulation" to "promote greater responsibility, transparency, integrity and ethics in public governance", the Code of Conduct provides a period of 180 days (six months) for the adoption of a risk prevention plan, which must be articulated with the National Anti-Corruption Mechanism.

Another innovation was the creation of an anonymous "whistleblower channel", through a form available on the Government Portal, which will operate in an "independent and autonomous" manner from the other communication channels, to ensure confidentiality.

As for the scope of application, article 2 specifies that it applies "to all senior managers of the Public Administration under the direction of the Government, as well as to managers and directors of institutes and public companies".

The code of the previous Government also provided for this, but referred the application to public managers for "guidelines transmitted by the member of the Government" who exercises powers and guardianship over them.

The Code of Conduct will also have a rule so that it reflects the measures that come to be approved to combat corruption in matters such as lobbying, transparency and the rules for regulating contacts between public entities.

Read also: Published in DR approval of the "Code of Conduct" of the XXIV Government (Portuguese version)