Portugal: Rule of Law Overview

Abstract

Portugal’s judiciary was comprehensively reformed after the transition to democracy in 1974. It is generally considered to be independent and providing relevant checks and balances. In the context of the euro crisis and the demands of the Troika (European Commission, European Central Bank, and International Monetary Fund) for cost-cutting from 2011 to 2014, the court structure across the country was significantly overhauled and centralised. As a consequence, the speed of judicial proceedings has improved, although the reform also meant that more remote areas of Portugal are now further removed from the courts. While Portugal receives positive marks in international indices for its rule of law, public perception of judicial performance in the country is relatively weak. This is due to several high-profile corruption cases involving national politicians and big business, which have so far not been resolved. In one such case, Portugal’s former prime minister José Sócrates is charged with money laundering of an estimated 20 million euro. This and other high-profile cases suggest a need to strengthen the justice system’s ability to uncover and process complex cases where financial and political power intersect. The way that these pending cases are treated and resolved will be an important indicator of the state of rule of law in the country.