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Political Institutions and Democracy in Portugal: António Costa Pinto Conceição Pequito Teixeira
Political Institutions and Democracy in Portugal: António Costa Pinto Conceição Pequito Teixeira
POLITICAL
INSTITUTIONS
AND DEMOCRACY
IN PORTUGAL
Assessing the Impact
of the Eurocrisis
Political Institutions and Democracy in Portugal
António Costa Pinto
Conceição Pequito Teixeira
Editors
Political Institutions
and Democracy
in Portugal
Assessing the Impact of the Eurocrisis
Editors
António Costa Pinto Conceição Pequito Teixeira
University of Lisbon University of Lisbon
Lisbon, Portugal Lisbon, Portugal
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
v
vi Contents
Index 247
Notes on Contributors
vii
viii Notes on Contributors
xi
List of Tables
xiii
CHAPTER 1
A. Costa Pinto (*)
Institute of Social Sciences, University of Lisbon, Lisbon, Portugal
e-mail: acpinto@ics.ul.pt
C. Pequito Teixeira
Institute of Social and Political Sciences (ISCSP), University of Lisbon,
Lisbon, Portugal
e-mail: cteixeira@iscsp.ulisboa.pt
Then, in May 2011, Portugal signed its third bailout agreement with the
International Monetary Fund (IMF) and the European Union (EU) and was
forced to implement severe austerity measures again. For a democracy that
was celebrating its 40th anniversary, the word ‘crisis’ was all too familiar.
Portugal was forced to solve the crisis through “internal devaluation”.
Before and after the bailout, both the centre left (2009–2011) and the
centre right (2011–2015) governments introduced unpopular measures,
including severe wage and pension cuts, higher taxes, and, a sizeable
decrease in social rights. Social and economic situations such as these are
likely to have serious consequences for incumbent parties and therefore
considerable party system changes were to be expected (Kriesi 2012).
Yet, such has not been the case in Portugal, where, apart from some lev-
els of fragmentation, little has changed (Lobo et al. 2011).
This book explores the factors that might explain why some of the
changes occurring in other Southern European democracies as an impact
of the crisis have not been felt in Portugal. The chapter is organised as
follows: in the next section, we introduce the impact of the 2008 finan-
cial crises in Portugal. We then move to the framework of the book and
the main research questions. Finally, the main consequences of the crisis
for Portuguese democracy will be explored, based on the chapters of the
book.
polls, and with a young leader looking for electoral legitimacy, the
PSD refused to give its support. This led the PM to present his resig-
nation leading to early elections in June 2011 (Fernandes 2012). The
bailout agreement with the EU and the IMF was negotiated in May
2011—during the interim period between the resignation of the PM and
the elections. The EU demanded the signature of the three larger parties
(PS, PSD and CDS).
The bailout was a central issue during the 2011 electoral campaign.
The PS argued that the fourth package refusal by the PSD could have
avoided a much more painful bailout. The PSD, on the other hand,
ascribed all the blame to the PS and the previous six years of Socialist
governments. In a nutshell, the PSD won 38.7% of the vote—not
enough to form a single-party majority government. CDS, with 11.7%,
became the coalition partner, just like in 2002. The PS won 28.1% of the
vote and became the major opposition party. The remaining parties in
parliament were the same—the PCP, with 7.4% of the votes (exactly the
same as in 2009), and the BE, the second biggest loser after the incum-
bents, with 5.2% of the votes. As for the other 12 parties running for the
election, they were unable to win a single seat. Abstention can be said to
have been the biggest winner—with an absolute record of 42%. It was
under a fairly stable centre-right coalition government (2011–2015) that
Portugal was governed during the bailout period, when there was a clear
political convergence between the Cabinet and the international lenders,
even in the public speech of the Prime Minister Passos Coelho (Moury
and Standring 2017).
union, such as is the case of EMU. Tellingly, the ways to deal with the
crisis should consider not only economic and financial issues, but also
encompass some sort of a political and social compromise. Otherwise, it
is the global integration process that might be in jeopardy.
In Chapter 3 of this book, Rui Graça Feijó, immediately moving on
to the effects that the crisis has had on political institutions in Portugal,
focuses on the role of presidents under semi-presidentialism and how it
was affected by the onset of the Eurocrisis. It starts by offering a histor-
ical background to the institutional design that has been in force since
1976, with an important constitutional revision that touched upon pres-
idential powers in 1982. Then, it analyses the relationship between pres-
idents and political parties. Next, it discusses two main junctures in this
long process: the election of the first civilian president (Mário Soares)
after sixty years of praetorian supervision, which contributed to fine-
tune conventions on the status of presidents, followed by the experience
of Cavaco Silva who had to face the Eurocrisis and moved, with little
success, to a different view of the president’s position in the political
arena which hollowed the function. The last section deals with the cur-
rent president Marcelo Rebelo de Sousa and his attempt to shift back to
conventions on presidential status and role, and seeking, through what
he called the “presidency of affects”, to turn around the downward and
negative trends of popularity of the presidency role and restore a very
positive score in all polls. As the author well explains, the very fact that
the public perception that “a page had been turned” in the Eurocrisis
(mostly by virtue of the new government’s approach) was strong created
a completely new scenario for the president to play a role that evokes—
even if Marcelo tries to push his powers to the limit—the conventions
established in the wake of Soares’ presidency.
In his chapter, André Freire, departing from the Portuguese case and
using a comparative perspective, reflects on some of the fundamental
problems associated with electoral reform or, more generally, with the
choice of electoral systems. The author tries to show how the different
fundamental objectives the various electoral systems target, as well as the
differentiated solutions they adopt to achieve them, are not easily recon-
cilable, at least fully, and therefore there must always be some form of
trade-off.
Considering the performance of the Portuguese electoral system in
the European context in terms of proportionality, cabinet stability and
quality of representation (i.e. the pattern of relationships between the
1 PORTUGAL BEFORE AND AFTER … 7
system in its form, but that operates, in practice, much more like a presi-
dential regime with a Prime Minister—has not been questioned. In 2011
crisis and the implementation of the Memorandum of Understanding,
the overthrow of the second PSD/CDS–PP government and the PS
government’s entry into office have restored and reinforced the politi-
cal centrality of the Portuguese Parliament, which became the privileged
place for the exercise of the political control function and for the nego-
tiation and approval of the laws indispensable for political action and
the maintenance of the support to the contraption government –hence
the alleged morphing into what can be seen as a kind of “assembly
semipresidentialism”.
In Chapter 7, Teresa Violante looks at the role of the organisation
that, in Portugal, is the main institution responsible for upholding the
Constitution, also being responsible for the inspection of constitutional
validity of different regulations contained in legislation passed either
by Parliament or by the Government. Here, therefore, we are referring
to the Portuguese Constitutional Court (CC) that, on blocking sev-
eral measures that the right-wing majority (PSD–CDS), then in power,
felt were important for compliance with the terms of the Adjustment
Programme—especially in terms of budget consolidation and structural
reform—turned into a kind of “blocking force”, thus taking on a piv-
otal role during the financial crisis that hit Portugal hard after 2008,
especially during an international bailout that prevented the country’s
bankruptcy.
The strict conditionality imposed by the Memorandum of
Understanding commanded national policies aimed at a sharp expendi-
ture reduction and brought under constitutional review by both politi-
cal and legal litigants. The invalidation of some of these policies and the
fiscal gap created by the rulings took by surprise, not only the executive
and the legislature, but also the international institutions involved in the
financial assistance programme.
In this chapter, the author takes things a step further, by analysing
not only the “CC constitutional risk”, but also the Court’s action in a
comparative perspective, showing that the escalation of conflict between
the CC and political elites due to the financial crisis is not part of a
Portuguese singularity.
Similar trends have been reported in other jurisdictions. Institutions
that perform judicial review of legislation may act as “veto players” in
the political process and thus may be under attack by the other branches
1 PORTUGAL BEFORE AND AFTER … 9
unscathed from an earlier era, the way in which they actually operate
has often changed beyond recognition. To do so, the author surveys the
transformations of the regulatory institutions throughout democratisa-
tion and European integration and in the context of the recent crises,
focusing on the protracted decline of unionisation and the crisis of col-
lective bargaining.
Even though Portugal was considered an exceptional case in the
southern Europe for the conspicuous absence of a populist anti-austerity
movement along the lines of Podemos in Spain, or popularity of Syriza
in Greece. What is indeed fact is that, also among us, there have been
several popular initiatives making demands, between the years 2010 and
2013. In this period, the Portuguese people suffered the enforcement
of stiff measures for tax contraction which, apart from worsening the
economic situation in itself, also seriously undermined what are, in the
country, known as the “conquests” of the Revolution of 25 April 1974,
which reintroduced democratic government to Portugal—including a
package of social rights in terms of labour law, public health, and access
to education. As was the case in other countries, these austerity measures
were not submissively accepted, and, as a result, there was a stepping up
of protests and social conflicts.
In this regard, Cristina Nunes analyses the Portuguese and Spanish
participation in the more recent waves of international protests, distin-
guishing them by their identity composition, organisation and mobi-
lisation structures. This was done first by analysing what they call the
Global Justice Movement, a cycle of protests motivated by the widen-
ing of social and economic inequalities, responsible for the establishment
of a worldwide network of social movements around the international
summits of political and economic institutions. Later, the author con-
centrates on the analysis of the new cycle of political and social mobili-
sation, related to opposition to the austerity measures, also reinforcing
the contrasts that exist between Spain and Portugal, with regard to their
civil societies and their ability to rally people round, both socially and
politically.
In Chapter 11, the authors also look into the consequences of
the economic and social crisis, with regard to attitudes taken up by
Portuguese citizens with regard to democracy and its main political insti-
tutions and players. While it is indeed true that a massive support for
democracy as a political regime was maintained between 2011 and 2014,
a period in which the country was under external rescue, conversely, it
1 PORTUGAL BEFORE AND AFTER … 11
is also true that both satisfaction with the operation of the democratic
regime and trust in the political institutions that support democracy
reached their lowest ever levels since the start of the new millennium.
This goes to prove that there has been a gradual, yet clear under-
mining of the specific support for democracy in Portugal. On the other
hand, however, if we conduct a more detailed analysis of the indicators
that measure diffuse support of democracy (“democracy as a regime”),
then the authors show that this tends to be more apparent than actu-
ally real, as it coexists with significant support to other autocratic
styles of government, including “government with a strong leader”
or “a government of specialists’; this would explain the high number
of “ambivalent democrats” in Portugal, as also of sceptical democrats
and dissatisfied democrats, which in no way come close to matching
the profile of the “critical citizen” as established by Pippa Norris, a
citizen who, considering the severity of the austerity policies, showed
themselves to be more liable to resort to strategies based on exiting the
system (through electoral abstention), rather than deciding to make
themselves heard through protest actions or other types of less conven-
tional political participation, to pile pressure upon the decision-making
politicians.
This is surely one of the reasons among a host of others that has made
Portugal an exception to the overall development of populism, differ-
ent from what has happened in many other European countries that
have witnessed the rise of populist parties over the last few years, which
have gained significant votes and sometimes threatened the position of
traditional parties. The fact is, and this is where there is exceptional-
ism of the Portuguese case within the overall context of the Eurocrisis,
that is, Portugal has stayed apart from the general rise of populism in
Europe, populism has not found the visibility and influence it has in
other European countries and the traditional parties have kept their
presence practically intact in the Portuguese political spectrum, surely
at the cost of what was the largest abstention rate ever in elections for
the Portuguese National Parliament; out of the 9,682,369 Portuguese
citizens who were entitled to vote, 43.07% did not show up at the poll-
ing stations to cast their vote, proving the upward trend in figures for
abstention.
12 A. COSTA PINTO AND C. PEQUITO TEIXEIRA
Note
1. The Times, 2 February 1978. www.cphrc.org/index.php/documents/
democracy/431-1978-02-08-portugal-the-hint-of-an-end-to-the-suffer-
ing (retrieved on 31 May 2013). Parts of this chapter draw from Antonio
Costa Pinto and Filipa Raimundo, “When parties Succeed: Party System
(In)Stability and the 2008 Financial Crisis in Portugal”, Paper prepared
for delivery at the 2014 Annual Meeting of the American Political Science
Association, Washington, DC, 28–31 August 2014.
References
Fernandes, J. (2012). The 2011 Portuguese Election: Looking for a Way Out.
West European Politics, 34(6), 1296–1303.
Kriesi, H. (2012). The Political Consequences of the Financial and Economic
Crisis in Europe: Electoral Punishment and Popular Protest. Swiss Political
Science Review, 18(4), 518–522.
Lobo, M. C., Pinto, A. C., & Magalhães, P. (2011). The Political Institutions of
Portuguese Democracy. In Royo (Ed.), Portugal in the Twenty-First Century.
Politics, Society and Economics. Plymouth: Lextington Books.
Magalhães, P. (2012). After the Bailout: Responsibility, Policy, and Valence in
the Portuguese Legislative Election of June 2012. South European Society and
Politics, 17(2), 309–327.
Morlino, L., & Raniolo, F. (2017). The Impact of the Economic Crisis on South
European Democracies. London: Palgrave.
Moury, C., & Standring, A. (2017). ‘Going Beyond the Troika’: Power and
Discourse in Portuguese Austerity Politics. European Journal of Political
Research, 56(3), 660–679.
Pinto A. C., & Raimundo, F. (2014). When parties Succeed: Party System
(In)Stability and the 2008 Financial Crisis in Portugal. Paper prepared
for delivery at the 2014 Annual Meeting of the American Political Science
Association, Washington, DC, 28–31 August 2014.
Pinto, A. C., Magalhães, P., & Sousa, L. (Eds.). (2013). A Qualidade da
Democracia em Portugal. Lisbon: Imprensa de Ciências Sociais.
Quintas da Silva, R. (2018). A Portuguese Exception to Right-Wing Populism.
Palgrave Communications, 4(1), 7–7. Available at SSRN https://ssrn.com/
abstract=3162118 or http://dx.doi.org/10.1057/s41599-017-0062-8.
Reis, R. (2013, March 21–23). The Portuguese Slump-Crash and the Euro-
Crisis. Conference Paper Presented at the Spring 2013 Brookings Panel on
Economic Activity.
Teixeira, N. S., & Pinto, A. C. (Eds.). (2012). The Europeanization of Portuguese
Democracy. New York: SSM-Columbia University Press.
CHAPTER 2
C. G. Costa (*)
School of Social and Political Sciences (ISCSP),
Centre for Administration and Public Policies (CAPP),
University of Lisbon, Lisbon, Portugal
economy and society are facing are not only a consequence of the global
crisis or domestic misbehaviour but also, to a large extent, of competi-
tiveness deficits that have plagued the country’s economy and society, in
the context of an enfeebled institutional and political framework.
We develop our analysis in the context of the political economy
approach of the European Monetary integration process. In the most
part of available literature on the subject, it is easy to find an economic
and a political explanation for the euro crisis. As Copelovitch et al.
(2016) argue, the economic approach emphasises that the Eurozone is
not an optimal currency (in the light of Mundell’s and McKinnon cri-
teria, such as labour mobility or real convergence among regions), and
that the long-term survival of the Eurozone requires the creation of a set
of institutions to act as substitutes, namely a fiscal union or permanent
transfer mechanisms. Accordingly, there seems to be a vacuum on pro-
posals to make the Eurozone viable under existing political constraints.
We also agree with Hall (2014), when he states that the euro crisis has
drawn attention to the international dimensions of varieties of capitalism,
a less studied dimension of the process. And the problem remains the
same from the point of view of political science, as the academics in the
area tend to disregard the importance of economic constraints and trade-
offs (Copelovitch et al. 2016).
Blanchard and Portugal (2017) argue that Portugal has gone through
booms, slumps, sudden stops and recovery for the last twenty years, since
the mid-1990s. In fact, after a satisfactory macroeconomic performance
(Portugal was considered one of the most promising pupils, according
to EU criteria) that enabled the country to meet the convergence crite-
ria for joining EMU, Portugal benefited from an extremely favourable
situation, with low interest rates, a strong currency and credibility in the
international arena. From 1995 onwards, there was a general eagerness
from foreign investors for lending to the tiny southern European coun-
try. Euro zone banks, especially German ones, were no exception. The
result was a dramatic decrease in both nominal and real interest rates,
and an increase in private debt, firms and families, since there was a con-
stant and substantial inflow of foreign capital into the Portuguese econ-
omy. Instead of enhancing structural reforms (fiscal, budgetary, labour
market, innovation, education system and institutions), the country was
caught in a spiral of (un)sustainable private, first, and public, afterwards,
indebtedness, often for consumer goods or investment assets with no sig-
nificant return. Along the years, Portugal has been plagued by unsustain-
able imbalances and permanent loss of competitiveness in most tradable,
and non-tradable, sectors, long before the crisis period (Costa 2018),
since decreasing competitiveness due, to a great extent, to the increase
in relative unit labour costs, led to the deterioration of current account
balance. And then, the slump came in the beginning of 2001 (Blanchard
and Portugal 2017). As Portuguese economy struggled to adjust to the
new monetary realm, it was hit by two important asymmetric shocks that
further eroded foreign competitiveness. One was a regional shock, the
EU’s enlargement to Central and Eastern European countries, which
implied a reorientation of foreign investment and trade relations, since
most of those countries evidenced a strong comparative advantage in
labour qualification and costs, besides being close to the German market
and central to the rest of Europe. On the international real, the entrance
of China to the World Trade Organization (WTO) and the end of the
Multi-Fibre Agreement (MFA) aggravated the competitiveness deficit of
Portuguese economy, since over 30% of the country’s exports have tra-
ditionally relied on textiles, apparel and footwear cost-based advantages
(crawling peg exchange rate policy) until the early 1990s (Lopes 1998).
Tellingly, Portuguese economy has been living a decade of stagnat-
ing economic growth practically since entering the Eurozone, in the
beginning of the new century. GDP has constantly been growing below
2 THE POLITICAL ECONOMY OF PORTUGUESE … 17
the banking system that has shut down access to affordable financing,
affecting the capacity of local firms to obtain loans, equity or venture
capital for their investment projects.
We should keep in mind that there were several restrictions to han-
dling economic policies: being a member of the euro area, Portugal
could not use the standard currency devaluation to help achieve exter-
nal equilibrium; as member of the WTO, it was harder to recur to beg-
gar thy neighbour policies, such as tax imports or exports subsidisation.
Also, debt restructuring was not an option, since it could trigger moral
hazard issues and fear of contagion. And, finally, the meaning of Troika
itself: being funded by three different entities, the programme had to be
agreed to by the EU and the ECB, and that is not a plain assumption
(Costa 2018; IOE 2016).
In spite of all misfortunes, Portugal has undertaken a very ambitious
structural reform programme since 2011, in order to quickly restore
credibility and to regain access to international capital markets. Reforms
were pursued across a wide range of policy areas, namely product mar-
kets, labour markets, taxes, regulations and the public sector (OECD
2017). It is worth mentioning that the programme was longer than
usual (three years instead of two) because it was driven by the view that
structural reforms should form an important part of the programme and
such reforms require time to implement (IOE 2016).
In the Portuguese case, more specifically, the Economic Adjustment
Programme included:
for public schools, provide for a more efficient input mix and economies
of scale, by integrating into the National Health Service (SNS) the health
system of the civil services and the security forces.
The original targets were not achieved in any of the programme years,
and the focus of the programme changed, by shifting the nature of the
fiscal adjustment away from cuts in government spending and towards
tax increases. In practice, roughly 60% of the fiscal adjustment occurred
through tax increases and only 40% was implemented through cuts in
government spending (IOE 2016).
Although requiring a strong political leadership and maximum social
consensus, the programme was implemented under the new government
(liberal biased) surveillance, in a climate of organised protests and strikes
promoted by trade unions and anonymous citizens (Costa 2018).
Naturally, although inherent and in consequence of the reckless
behaviour of Portuguese political and economic leaders through more
than thirty years, the analysis of the crisis and its aftermath in Portugal
cannot be separated from the wider context of the European integration
process itself.
have not only failed to achieve real convergence with the core countries,
but have actually deviated further and further from that goal.
The participation of those countries in the Eurozone has provided
them with a false sense of financial security, preventing them from con-
tinuing unpopular but necessary structural reforms. This has caused
substantial losses of competitiveness, leading to unsustainable public
and foreign debts and concerns about the solvency of several Member
States in the Eurozone, such as Greece, Portugal, Italy and Spain. The
reasoning seems to be that markets require economic growth to happen
in order to share their blessing. This requires, in turn, fiscal restraint.
And without a fiscal union, squaring the circle is not an easy task to
accomplish.
In a first moment, global markets did not choose Europe as the inno-
cent lamb, since, if EMU were to be a full economic union, the yields
on sovereign debt would be equally trustable, no matter which coun-
try they represented. When they realised that EMU was not, in fact, an
OCA, they started to apply enormous pressure on the Eurozone’s weak-
est members, anticipating a unique response. But that one never came.
Europe’s main political leaders were not consensual on the ECB stance
regarding public debt, there was no concerted solution to tackle the
growing asymmetry among Eurozone economies sustainability.
As Dévoluy and Koenig (2011) claim, one of the key problems with
EMU is its historical context. Most part of experiences dealing with
monetary unions and common currencies were coincident with, or
immediately followed by, political integration. EMU stands as a notable
exception, since its members agreed on disposing of national currencies
and monetary policies, but made a strong point in keeping fiscal policy
domestic headed. We wonder what would be Europe’s Founding Fathers’
feelings on this, apparent, contradiction.
There are no innocent bystanders in this case. As Germany, and oth-
ers, insisted on preventing crisis from erupting through tight adjustment
policies, managing the crisis, when it did surge, was much more incoher-
ent. Besides applying disciplinary neoliberalism (David 2018), Germany,
and France, was the first to violate the Stability and Growth Pact, and
emerged harmless. Leniency towards Greek behaviour was also abnor-
mal: no one felt the need to audit Greek public accounts, even when
Greece did not meet any of the Maastricht Criteria in 1998, but man-
aged to comply with all of them only a year later, in an extraordinary
macroeconomic prowess.
2 THE POLITICAL ECONOMY OF PORTUGUESE … 23
After years of distress of painful austerity measures that led to the impov-
erishment of a significant part of the population, a widening of social and
economic disparities, unsustainable levels of unemployment and a sus-
tained drain in human capital skills due to migration, it is not easy to
provide for an accurate assessment of the impact of the latest crisis in
Portuguese economy and society.
As we have mentioned earlier, the main justification for recurring
to foreign help was that Portuguese economy was no longer able to
finance itself in international financial markets at affordable rates. And,
from that perspective, we might say that it was the main outcome of
the programme: Portugal did regain access to capital markets, and from
this perspective, the programme was an unambiguous success. Another
criterion is to assess whether Portugal was (is) on a sustainable path in
2 THE POLITICAL ECONOMY OF PORTUGUESE … 25
terms of government debt and net foreign liabilities (Reis 2015). Several
analysts argue that the sustainability of government debt and net foreign
liabilities remains fragile. Portugal failed to meet its deficit targets in all
the years of the programme, but it is a fact that the country’s current
account improved much more rapidly than envisaged in the original
programme: exports grew faster than expected and imports fell by more
than expected. But it is widely discussed to what extent that evolution
was a consequence of the recession and its immediate aftermath itself:
the growth in exports overwhelmingly reflected a return to trend from
the depressed levels associated with the financial crisis. And the unex-
pected fall in imports might simply reflect the unexpected severity of the
recession. In part, this fragility reflects the fact that structural reforms did
produce persistently higher growth rates of productivity or real GDP.
As Frieden (2016: 4) puts it, “debt and balance of payments crises
are politically controversial. In the aftermath of such crises, conflict typ-
ically breaks out over how the burden of adjustment will be distributed.
There is an international conflict, between debtor nations and credi-
tor nations, over how outstanding debts will be resolved. And there is
a conflict within nations, over who will make the sacrifices necessary to
get economies back on track”. In the case of EU, as Rodrigues and Reis
(2012) argue, the Euro came to consolidate a division between the core
“Northern” countries, led by Germany and the Netherlands, which reg-
istered important surpluses in their current accounts and therefore capi-
tal outflows, and the peripheral “Southern” countries, registering deficits
in their current accounts and inflows of financial capital. It is also a divi-
sion between growth and economic development models, the difficult
coexistence of credit-led and export-led models of growth in Europe,
which makes the financial surpluses of the European periphery respon-
sible for its current account deficits (Rodrigues and Reis 2012). This led
to the imposition of deflationary policies that increase unemployment,
recession and the probability of defaults, in the absence of an alternative
narrative to neoliberal orthodoxy (Costa 2011).
The IMF assessment also enlightens what it considers to be the major
achievements of the adjustment programme: the increased flexibility of
labour market dynamics, due to the reduced duration and level of unem-
ployment benefits, while increasing eligibility for those benefits; reduced
severance pay for regular employment contracts; and simplified individ-
ual and collective dismissal procedures. In what concerns public sector
reforms, there’s a well-accomplished reorganisation of local and central
26 C. G. COSTA
students and grants to research centres, from the main funding agency,
Science and Technology Foundation (FCT) (Pordata 2017).
In what concerns social issues, the consequences are, unfortunately,
easier to assess. Portugal has traditionally been a country swept by signif-
icant inequalities and poverty, among wide parts of its population. The
onset of the financial and the sovereign debt crisis, as well as the austerity
measures in the adjustment programme, marked a turning point. In spite
of the progress registered in the first decade of the new century, there is
an increase in the level of inequalities within Portuguese society. These
two plagues have been particularly devastating on children and youths
(OECD 2017).
In line with the structurally low levels of human capital qualification,
Portugal has some of the lowest wages in the European context, and
wide wage asymmetries induced by higher wages. In 2015, the average
income of Portuguese workers (employed) was 25.887 euros in par-
ity power purchase (PPP), against 35.741 euros PPC for the EU. And
Portuguese minimum wage was 756 euros PPP, behind Greece, Poland
or Malta, when the Luxembourger worker received 1597 euros PPP, also
in 2015. Additionally, the poverty rate rose between the years of 2009
and 2014, from 17.9 to 19.5%, well above the EU average, especially in
younger parts of the population (children and under 25) which convenes
Portugal to early century statistics, revealing a notorious deterioration of
Portuguese families’ living conditions.
Rodrigues (2016) also disentangles two famous and widespread
myths: the austerity policies did not exempt from ordeal poorer fami-
lies, on the contrary. In spite of being spared from wages and pension’s
cuts, the removal, the brutal reduction and elimination of social transfers
(such as Social Income, Family Allowances or the Elderly Supplement)
plunged thousands of families into acute poverty. The second misconcep-
tion relates to those most affected by the crisis and the austerity meas-
ures that followed: although official statements and even some social
media placed the burden of adjustment in the wealthier tier of the pop-
ulation and a part of the middle class, it is now clear that the income
of the bottom 10% was slashed by 25%, the main reason being job loss,
while the top and intermediate tier incomes decreased 10%. According
to Rodrigues (2016), the result of all these restrictive policies was the
impoverishment of Portuguese society and a greater risk of disintegration
and social cohesion.
28 C. G. COSTA
from the ordeal. However, it should be kept in mind that the employ-
ment that has been created is of very short duration, one might even
call it precarious, affecting younger and more qualified active population.
This is quite worrying, since having been behind the increases in income
inequality in the aftermath of the financial crisis, it is a clear evidence
of the dual labour market and the low level of qualification of active
population.
Also, according to the Euro Plus Barometer (2017), labour costs are
an imperfect gauge of competitiveness: they have asserted that, since
2009, wage pressures have converged within the Eurozone: the five res-
cued countries are the ones that have cut their labour costs more deeply
(Ireland, Greece, Cyprus, Spain, Portugal, in this order). It is interest-
ing to notice that, in its latest report, they consider the crisis to be the
“handmaidens of change”, since it was ultimately due to the pressure of
crisis (and the IMF and the EU) that governments at the euro periphery
undertook some of the structural reforms to enhance respective econo-
mies into sustainable growth.
Finally, OECD data reveal that the Eurozone has entered a new stage,
with a special focus on Portugal: since 2015, the new government main-
tained fiscal discipline, but rolled back some structural reforms, raising
the pro-austerity defenders’ alert.
Notes
1. New York Times; 29 May 2018. In Britain, Austerity Is Changing
Everything. Peter Goodman.
2. Expression taken from The Lusiadas, written masterpiece of one of the
greatest Portuguese poets of all times, Luís de Camões.
3. “Fire and Ice”, in You Come Too, 1916; Poems by Robert Frost.
References
Blanchard, O., & Portugal, P. (2017, June). Boom, Slump, Sudden Stops,
Recovery, and Policy Options: Portugal and the Euro. GEE Papers, nº72.
Copelovitch, M., Frieden, J., & Walter, S. (2016). The Political Economy of the
Eurozone. Comparative Political Studies, 49(7), 811–840.
Costa, C. (2011). Impact of the Financial Crises and Global Macroeconomic
Imbalances on a Fragmented European Union. Global Business & Economics
Anthology II, 1, 27–34.
Costa, C. (2018). Portuguese Economy: How (Not) to Get Away with Financial
Crisis and Economic Adjustment Programs. In I. David (Ed.), Crisis,
Neoliberalism and Transformation: How Austerity Is Changing Portugal.
Lanham: Lexington Books.
David, I. (Ed.). (2018). Crisis, Neoliberalism and Transformation: How Austerity
Is Changing Portugal. Lanham: Lexington Books.
De Grauwe, P. (2013). The Political Economy of the Euro. The Annual Review
of Political Science, 16, 153–170.
Dévoluy, M., & Koenig, G. (2011). L’Europe Économique et Sociale. Paris:
Presses Universitaires de France.
Euro Plus Monitor. (2017). September Update. The Lisbon Council.
Frieden, J. (2016). The Political Economy of Adjusting and Rebalancing.
Journal of International Money and Finance, 52, 4–14.
Goodman, P. (2018, May 29). In Britain, Austerity Is Changing Everything.
New York Times.
Hall, P. (2014). Varieties of Capitalism and the Euro Crisis. West European Politics,
37(6), 1223–1243. https://doi.org/10.1080/01402382.2014.929352.
Honkapohja, S. (2014). The Euro Area Crisis: A View from the North. Journal
of Macroeconomics, 39, 260–271.
IMF. (2011, May 3). Portugal: Memorandum of Understanding on Specific
Economic Policy Conditionality. Washington. https://www.imf.org/external/
np/loi/2011/prt/051711.pdf.
2 THE POLITICAL ECONOMY OF PORTUGUESE … 33
R. G. Feijó (*)
Centre for Social Studies, University of Coimbra, Coimbra, Portugal
R. G. Feijó
Institute for Contemporary History, Nova University, Lisbon, Portugal
the political process. Even after the defeat of the radical elements who
praised direct democracy, this desire for participation would be man-
ifested in massive electoral turnout in 1975 and 1976. It would have
been unwise to devise a model for the choice of the highly symbolically
charged function that would not mobilise the entire political body of the
nation. As Jean Blondel argued, the role of presidents in processes of
nation-building or regime change is often critical, as “the president may
contribute markedly to the legitimation of the regime, since he or she
controls the one ‘institution’ which has ‘universal visibility’” (Blondel
2015).
Secondly, the memory of important presidential campaigns under
Estado Novo, namely those of Norton de Matos (1949) and above all
that of Humberto Delgado (1958), called for the reinstatement of the
historical tradition of direct elections, if for no other reason, the symbol-
ism it enshrined.
Thirdly, Portugal possesses a political culture that accentuates the
personalisation of authority, calling for the emergence of a democratic
model tributary to a strong symbol legitimised by popular elections
(Salgado de Matos 1983). In this sense, the legacy of Sidonio Pais’
República Nova has endured more than the brief period of his tenure.
In another context, the personalisation of politics would take new turns
under CRP, as Marina Costa Lobo (2007) has discussed regarding the
emergence of powerful prime ministers. Direct presidential elections
were thus a natural consequence.
In fact, the direct election of the president, mainly if he was a per-
sonality characterised by his independence vis-à-vis political parties,
emerged as a solution capable of rationalising institutional life and mit-
igate weaknesses of a young party system. The presidential prerogative
to choose a prime minister, combined with the fact that prime minis-
ters are not required to submit their programme to a vote in the House,
represents an element of flexibility for political solutions, allowing for
minority governments to be installed and rule, and facilitating a rotation
of majorities. Under these terms, one might conclude that the institu-
tional model adopted in CRP represented a short-term response that
rose above its time, as it proved well adapted to systemic needs of the
nascent Portuguese democracy. Even some elements that might appear
time-bound, like the “independent” nature of presidents, turned out to
be enshrined in the matrix of the political system. The president is thus a
first rate actor.
3 THE PRESIDENT OF THE REPUBLIC … 39
Maurice Duverger (1996) noted that the high profile of the president
in Fifth Republic created a situation in which “the party system […] has
been organized around the election of a President by universal suffrage”
and the coincidence of party leadership with the candidate to the presi-
dency is the rule. Once elected, the French president becomes either the
leader of the parliamentary majority or that of the minority—and does
not shy away from assuming he is a party agent.
In the case of Portugal, Carlos Jalali expressed the view that “the
position of the prime minister has been the central locus of political
leadership throughout the democratic period and remains the key
political prize for parties” (2011). The rule is that party leaders dispute
the legislative elections, and leave the presidential ones for politicians
with a different profile. This sort of strategy opens doors to a multiplic-
ity of options: to endorse a “senatorial” figure from within the party
ranks, to support an individual without party affiliation whose political
views are located in the same ideological spectrum, refrain from pre-
senting their own candidate and transfer the support to the incumbent,
or even not to interfere officially in the presidential campaign. As a sen-
ior member of the current socialist cabinet confided to me a propos
presidential elections in which the party chose not to endorse any can-
didate in spite of being in government, “presidential elections are not
our battleground”.
In the Portuguese political arena, the status of the president is often
described as being “independent”. In which sense can we take this asser-
tion for valid?
40 R. G. FEIJÓ
any other eventual partisan majorities, especially those that are formed
in the legislative process in parliament, nor should he seek to bring ben-
efice, in the course of his actions, to any single party of whatever kind,
and least of all should he seek to form his own party. (quoted in Braga
da Cruz 1994)
When the first president was re-elected in 1980, Portugal had seen six
constitutional governments, five different PMs and a special mid-term
election alongside a normal one. The spectre of instability was haunting
the Second Republic. As the agreed transitional period was approaching
its end, serious consideration was devoted to revising CRP in what per-
tains to the political system.
42 R. G. FEIJÓ
The main novelty brought by the 1982 revision was the abolishment of
the Council of the Revolution (CR). Powers entrusted to CR were redis-
tributed among some bodies that were created anew (Council of State—
an advisory board to the president—and Constitutional Court), others
to already existing ones. The president saw his powers being altered: his
capacity to act independently was enlarged, namely in the case of the dis-
solution of parliament that became a discretionary competence; conversely,
they seem to have been reduced when conditions were set for his capacity
to dismiss a prime minister. The dual responsibility of the prime minister
before the president and the parliament remained in force. For Marcelo
Rebelo de Sousa, acting as a constitutionalist back in 1984,
His suggestion is that the regime would evolve mostly due to political
factors (such as the first single party majority in 1987) without requiring
a substantial alteration of the terms of the Constitution.
Even if political circumstances may dictate that for a while the visibil-
ity or the actual power of presidents is clouded, one has to bear in mind
the useful assertion of two leading constitutionalists for whom
his formal affiliation with the socialist party, symbolically returning his
card as militant number one of the socialist party. And finally, he pro-
nounced the words that are the motto of subsequent presidents: “I shall
be the president of every Portuguese”. President Soares inherited from
President Eanes the idea of the president as an independent actor. In
this light, he coined an expression that has endured beyond his term:
“The president discharges a magistracy of influence”. During President
Soares’ terms, the parliament was dissolved only once; two consecutive
legislatures lasted for the normal four years; the country had only two
prime ministers and four governments, the last of which would endure
for three and a half years after the presidential term. The contrast with
the time of his predecessor could not be more telling, given that political
circumstances and institutional provisions had changed. But also because
the president had a different vision of the best way to discharge his func-
tions which gained traction in the country, translated in high approval
rates and a record 70.35% of the vote at re-election.
The theoretical origins of the status of the president in the political
system can be traced a very long way back to the early modern Polish
leader Jan Zamoyski’s (1542–1605) utterance that rex regnat sed non
gubernat (the king reigns but does not govern) which was made popu-
lar by the French politician Louis Adolphe Thiers (1797–1877). Also in
the nineteenth-century, Benjamin Constant (1767–1830) formulated a
critique of Montesquieu and sustained that a better equilibrium would
be generated by the introduction of a fourth, “neutral” or “moderating”
power alongside executive, legislative and judiciary. Maurice Duverger
sustained that this contribution might be useful to explain the status of
“presidents without majority”. In fact, Portugal had expressly adopted
Constant formula in its Constitutional Chart of 1826 (Sardica 2012),
the longest surviving constitution of the country, which was an impor-
tant source for the 1976 CRP (Miranda 1978).
The CRP seems to espouse such a concept when it defines as “organs
of sovereignty” the President of the Republic, the Assembly of the
Republic, the Government (i.e. the cabinet) and the Courts (article
110.1). Each of those organs is vested with specific competences, and
thus the president and the executive are not deemed to discharge over-
lapping functions. The president is not the chief executive. However,
he is entrusted with four major areas of intervention in public life, apart
from his symbolic role as guarantor of national unity and sovereignty as
44 R. G. FEIJÓ
politician”, he retired into the university, and slowly built a new persona:
the senior statesman who distanced himself from the realm of party pol-
itics to the point that he wrote an article applying Gresham law to the
prime minister and government of his own party. When he restated his
bid for the presidency, although formally endorsed by centre-right par-
ties, he had carved a public profile of a wise man above partisan subor-
dination, and ran his campaign without the presence of the leaders of
supporting parties. As he wrote, he aspired “to serve Portugal and the
Portuguese and not any group in special, to be President of the Republic
and not of right or left, to be a last resort reserve in case of a serious cri-
sis” (Cavaco Silva 2017).
The self-presentation of Cavaco Silva in 2006 was of a man with
long political experience as well as technical expertise in critical matters
of public finance and economics in general. They would be an electoral
asset, but a liability in terms of his mandate when the Eurocrisis struck
Portugal.
From his long experience as prime minister, a soundbite he once
pronounced was repeated time and again: “Let us work” (Cavaco Silva
2004). This dictum, together with his generalised use of the expression
“blockage forces” in which the presidency was included, and referred to
all horizontal accountability instances, found their roots in his interpreta-
tion of the constitution that stressed the importance of the parliament as
the true centre of powers and consequently reduced those of the presi-
dent (Cavaco Silva 2002). Cavaco Silva long experience as prime minister
made him prisoner of his own past words, associated with a minimalist
interpretation of his new functions. The economic expertise in matters of
public finance might have made an impact should the president assume a
higher profile. As it happened, the 2008 crisis hit Portugal quite severely
in 2010, and this had a negative impact on the perception of the pres-
ident’s performance as the country plunged into a deep recession, his
expertise being unable to mitigate the brutal effects of austerity (Freire
and Santana-Pereira 2017).
His first option after being elected in 2006 was to offer the socialist
majority government “strategic cooperation” (Cavaco Silva 2017): “A
president serves better his country if he adopts a constructive approach
and searches for his own space in the implicit powers of influence”—he
wrote—“rather than using the negative powers conferred by the consti-
tution, such as veto power and the competence to dissolve parliament”.
46 R. G. FEIJÓ
which the parties that supported him obtained the majority and formed a
ruling coalition under Pedro Passos Coelho, leader of PSD. The road was
paved for a greater integration between the president and the govern-
ment—an indicator being the number of vetoes issued by the president
who, contrary to what had happened with Presidents Soares or Sampaio,
decreased in the second term (Rapaz 2017).
However, the pattern of relations between the president and the
prime minister, who claimed his programme to “go beyond the troika”
and develop an highly ideological right-wing agenda, created a pecu-
liar situation that I have referred to as “Sá Carneiro’s dream turned into
Cavaco Silva’s nightmare”. Sá Carneiro had idealised in 1980 a consti-
tutional revision to reinforce presidential powers, and proposed a slo-
gan to encapsulate its nature: “a majority, a government, a president”,
installing the president in the driving seat. Now, Portugal had a con-
gruent majority in line with a government and a president that assumed
his political engagement with it—but the driving seat was reserved for
the prime minister, as Cavaco Silva himself had defended for so long.
Contrary to what Carlos Jalali (2011) had expressed when referring to
past experiences, the president was now mostly a passenger in a moving
car. Whereas the independence of previous presidents had allowed them
to keep high popularity even when governments disposed of low esteem
because they were viewed in separate, Cavaco Silva failed to distance
himself from the unpopular measures of the executive that translated in
severe cuts in salaries and pensions, rising unemployment, downgrading
of public utilities and extensive privatisation measures. For instance, he
accepted to promulgate important laws that were subsequently sent for
constitutional revision by the special court and failed to secure its con-
sent. On the other hand, his initiatives representing an attempt to reas-
sert an autonomous position (such as his aspiration to bring the socialist
party into the ruling coalition in 2013, which was not well received by
his own party leader) failed to get traction and led to nowhere. In one of
the New Year presidential addresses, he hinted that the path being pur-
sued was leading to a “negative spiral” and recession—but did not take
any action to counter the prime minister. In the dilemma represented
by the alternative to respond to public sentiments or to abide by inter-
national pressures, the president followed the lead of his prime minister
(Freire and Santana-Pereira 2017).
The room for manoeuvre of Cavaco Silva was further diminished by a
succession of political gaffes (i.e. he claimed his pension, which was more
48 R. G. FEIJÓ
than twenty times the minimum wage, was not enough for him to live
a comfortable life without having to mobilise his savings—and this was
said at a time when salaries and pensions were being severely cut). These
impacted his popularity and thus his capacity to engage public opinion
on his side.
Political activism surfaced from unusual sources, like the
Constitutional Court who was called to review numerous pieces of legis-
lation—often not by the president who was the first responsible to guar-
antee that the constitution was upheld. As a result of the projection of a
president under the influence of the prime minister despite the official
hierarchy, combined with a series of unfortunate public statements that
created an image of a cold man, distant from his people’s concerns, the
confidence of the Portuguese in the presidency plummeted from 73.4 in
2008 to 36.3 in 2014—and probably further down until 2016 (Freire
and Santana-Pereira 2017). The public rate of satisfaction with Cavaco
Silva, at the end of his term, was −12.9 in Expresso’s monthly polls—the
only president ever to record a negative score (Teixeira 2016).
The abandonment of the traditional presidential posture as an inde-
pendent referee above the party fray to a close involvement in the major-
ity with a secondary role eroded the president’s capacity to influence
the course of events. In a sense, Cavaco Silva hollowed the presidency
because he had a minimalist understanding of presidential powers.
At the end of the day, a senior advisor to the president on c onstitutional
matters, Carlos Blanco de Morais (2016), expressed the view that
Portuguese semi-presidentialism had paradoxically taken a parliamentary
turn (“semi-presidentialism of assembly”, he called it) right when the
president had abandoned his neutral, independent position as an insti-
tutional referee and made a last attempt to circumvent the rise of a novel
majority in the House.
The 2015 parliamentary elections took place within the last six
months of Cavaco Silva term in office, a circumstance that prevents pres-
idents from dissolving parliament. In the wake of these elections, which
returned a right-wing coalition as the largest bloc (and PSD as the largest
party), but the left as the parliamentary majority, Cavaco Silva followed
established conventions and appointed the leader of his party to form a
government. However, the convergence of the left parties defeated that
government in parliament, preventing its investiture. Reluctantly, Cavaco
Silva appointed the leader of PS to form a minority executive with confi-
dence and supply agreements with its left partners. In the inauguration
3 THE PRESIDENT OF THE REPUBLIC … 49
The president had previously used his “power of word” to send clear
messages to the government on matters of executive competence. He
announced he regarded positively the continuation of Public–Private
partnerships in the health sector, when the issue was being discussed
between the socialist party and those to its left, who were against them.
He raised objections to legislation introducing electoral procedures in
the metropolitan governing institutions in Lisboa and Porto—a theme
deriving from the socialist party electoral manifesto. All these pro-
nouncements were made in anticipation of any formal proposal the
government might have produced. He went as far as to attend the last
performance of a theatre company that was at loggerheads with the
ministry of culture, prompting the minister to follow him, and before
a public audience and TV cameras tried to impose a solution that the
government could not accept—and the president did not further press
his point. On the issue of a new policy to tackle homelessness, the pres-
idency went as far as to organise several working sessions with the pres-
ence of a junior minister and diverse NGOs and other stakeholders. All
these presidential remarks were made not in a confrontational spirit, but
rather as a form of insinuating the virtues of a sort of co-governance.
This spirit was captured by a political commentator-cum-humourist who
invented the figure of “Costelo” (a fusion of Prime Minister Costa and
President Marcelo), and may be referred to as a “magistracy of interfer-
ence”. The very fact that the public perception that “a page had been
turned” in the Eurocrisis (mostly by virtue of the new government’s
approach) was strong created a completely new scenario for the president
to play a role that evokes—even if Marcelo tries to push his powers to
the limit—the conventions established in the wake of Soares’ presidency.
Conclusions
The Eurocrisis lambasted the conventions on the status and political
attitude of the president of the Republic, hollowing its content, and
making the pendulum that oscillates between the presidential and the
prime-ministerial poles of the dual system of government tilt towards the
head of government. Cavaco Silva was castigated for abandoning the tra-
ditionally neutral position of presidents by plummeting popularity, and
the presidency lost more than half the level of confidence the Portuguese
bestowed upon it. His expertise as professor of public finance was chal-
lenged by the depth of the crisis, and his counterfactual (“Things would
52 R. G. FEIJÓ
have been much worse were I not in my position”) failed to attract pub-
lic support.
Portugal initiated with the novel government formula—minority
socialist cabinet supported by confidence and supply of the parties to
its left—an unprecedented political experience, and one that flies in the
face of recent trends to the right in European politics. However, the new
formula seems to have attracted popular support, as mirrored in several
opinion polls that guarantee a wide margin of victory for the left par-
ties, or the resounding success of the socialist party in the mid-term local
elections. On the European front, the election of the Portuguese finance
minister, Mário Centeno, to lead the Eurogroup symbolises the recogni-
tion that different policies could be successfully developed to tackle the
effects of the crisis—placing Portugal as a beacon for alternative politi-
cal developments, namely in the social-democratic family which has been
consistently losing ground as it moves to the right. This is a sign that
Portugal is not necessarily a follower, but sometimes a forerunner.
With the departure of the right-wing coalition and the end of the
term for Cavaco Silva, and the arrival of new winds brought about by
the substantial change in public policies pursued by the novel govern-
ment, even with the very same parliamentary composition that created
so many difficulties to Cavaco Silva, the pendulum started moving clearly
in the presidential direction again, as the president regained the capacity
to manage his relations with the government by supporting its legitimacy
and gaining room for criticism. A new equilibrium is presently being
sought in which the president of the Republic reassumes a central role in
the political arena.
References
Araújo, A. (2003). El Presidente de la República en la evolución del sistema
político portugues. In A. Barreto, B. Gomez Forte, & P. Magalhães (Eds.),
Portugal: Democracia y sistema politico (pp. 83–112). Madrid: Siglo XXI.
Blanco de Morais, C. (2016, January 13). Semipresidencialismo de Assembleia.
Público, p. 44.
Blondel, J. (2015). The Presidential Republic. Basingstoke: Palgrave.
Braga da Cruz, M. (1994). O Presidente da Republica na génese e evolução do
sistema de governo português. Análise Social, XXIX(125–126), 237–265.
Braga da Cruz, M. (2017). O Sistema Político Português. Lisboa: Fundação
Francisco Manuel dos Santos.
3 THE PRESIDENT OF THE REPUBLIC … 53
André Freire
Introduction
This chapter adopts a comparative approach to reflect on some of the
basic problems associated with electoral reform.1 Different electoral sys-
tems generally have a different underlying objective that, according to
some authors (Nohlen 1984, 1995, 2007), define the associated system
of representation. Each electoral system adopts different instrumental
solutions to achieve these central underlying objectives (formulas for con-
verting votes into seats, the size of constituencies, type of suffrage—indi-
vidual or list, etc.). Each of these solutions, and their combination, will
have probable determined effects that could involve the immediate conver-
sion of votes into seats,2 or which could have a more long-term effect on
the behaviour and attitudes of the electorate and the parties/candidates—
which could result in actor strategies being adjusted in respect of electoral
rules.3 In this chapter we speak of ‘probable effects’, because in different
A. Freire (*)
ISCTE-IUL, CIES-IUL (Centre for Sociological Studies and Research),
Lisbon University Institute, Lisbon, Portugal
e-mail: andre.freire@iscte-iul.pt
Governability
According to Dieter Nohlen (1984, 2007), there are two main principles
of representation that are largely irreconcilable: proportional representa-
tion, which seeks to ensure the parliamentary (and to a certain extent
governmental) representation of the many important social and political
tendencies within each country; and majority representation, which seeks
to ensure the formation of (absolute) parliamentary majorities (even if
artificial) and, consequently, the formation of single-party governments.
The French two-round absolute majority system achieves this same result
by reconciling it with the existence of coalition governments.
An important theorist on this subject, Arend Lijphart (1999, 2006,
2007), Powell (2000), speaks of ‘majority democracy’ in which majority
electoral systems play a central role, and of ‘consensual/consociational
democracy’ in which proportional electoral systems are a crucial insti-
tutional axis. Beginning from the assumption modern democracies are
fundamentally representative, Lijphart claims each model of democracy
offers a different response to the question ‘who should govern (to rep-
resent the people)?’ In the case of majority democracy, the answer is the
majority should govern, and to ensure this goal is achieved the electoral
system gives a generous bonus to the winning party by converting votes
into seats to ensure a generally artificial absolute single-party majority
in parliament (that is, an absolute majority of seats based on a relative
majority of votes). Proportional systems clearly also product this type of
majority (for example, in Portugal in 2005, the PS received around 45%
of the votes but gained an absolute parliamentary majority), however,
there are important differences in terms of the winner’s bonus (which
4 ELECTORAL SYSTEMS AND POLITICAL REFORMS: PORTUGAL … 57
is much less generous than in majority systems) and the frequency with
which this happens (it is a much more unusual outcome than in propor-
tional systems).
Consequently, in majority democracies politics is a ‘zero sum game’
in which the winner takes all in terms of central government-level deci-
sion-making mechanisms. However, while these systems are generally
associated with more durable governments and greater governmental
stability, this is largely achieved through the creation of artificial major-
ities and by strongly distorting the conversion of votes into seats in such
a way as usually penalises minority parties. So while it may be possible
to better identify alternative governments and ensure accountability
(Anderson 2000; Freire and Lobo 2005), it is also true that this model
of democracy also tends to result in lower levels of citizen satisfaction
with the performance of the democratic regime (Lijphart 1999) and
to a greater distance between the level of satisfaction of the most sat-
isfied winners (who voted for the party in power) and the most dissat-
isfied losers (who voted for opposition parties) (Anderson and Guillory
1997). Moreover, the artificial strengthening of the majority and the
under-representation of minorities could result in the authoritarianism of
the majority and to higher levels of social conflict and violence (Lijphart
1999). Table 4.1 provides a summary of these matters.
On the other hand, consensual/consociational democracies respond
to the question who should govern with ‘the more the merrier’. That
is, these systems seek both to faithfully represent all main political ten-
dencies in parliament and incorporate, as far as possible, minorities
in the decision-making process at governmental level. This is achieved
through the use of proportionality rules for converting votes into par-
liamentary seats in such a way as to reduce the distortions in these pro-
cesses (that is to say, by offering less generous bonuses to the biggest
party; and by penalising minority forces less), and in the later formation
of coalition governments (which will incorporate large—majority—and
small—minority—parties in the parliamentary and governmental deci-
sion-making processes). This naturally stimulates and demands a signif-
icant propensity for cooperation between the various political forces/
parties to ensure it is possible to have coalition governments or parlia-
mentary agreements (bringing together several parties). In consen-
sual or consociational democracies politics is seen as a ‘positive sum
game’ in which majorities and minorities normally have a role in cen-
tral government-level decision-making mechanisms, or at least in the
58 A. FREIRE
of the most satisfied winners (who voted for the party in power) and the
most dissatisfied losers (who voted for opposition parties) (Anderson and
Guillory 1997). Moreover, as there is greater representation of minor-
ities and, therefore, a lower risk of the authoritarianism of the majority
in exercising power, there is also generally a lower level of social conflict
and greater control of violence (Lijphart 1999). See Table 4.1.
There are naturally some trade-offs/disadvantages that are often
associated with proportional representation and consensual democracy.
First, the governments tend to be shorter lived with a resulting reduc-
tion in executive stability. As Lijphart (1999–2000) notes, it is important
to distinguish between government stability and regime stability and to
remember that in some of the most successful democracies in northern
and central Europe (Scandinavia, Benelux, central Europe, etc.) govern-
ments have lasted a very long time.
Nevertheless, there are some ‘solutions’ that increase government
stability without compromising proportionality, two of which were sug-
gested in a recent study of electoral reform (Freire et al. 2008). The first
is the constructive censure motion that makes the opposition responsi-
ble for the fall of governments (they can only defeat them if they have
an alternative government in waiting), while the second is to improve
the incentives for inter-party cooperation, something that is very weak
among the parties on the left of the Portuguese ideological spec-
trum (see, for example, Freire and Santana-Pereira 2016; Freire 2017).
However, as Jorge Reis Novais suggested (Freire et al. 2008) during a
discussion in the parliament building on that took place in parliament
(on 4 December 2008), the power of minority governments can be
enhanced by giving them the ability to convert certain important issues,
such as the state budget and some other limited items of basic legisla-
tion, into motions of no confidence (that can only be proposed when
the opposition has an alternative government in waiting, in the same way
as a constructive censure motion). In the case of mixed systems, where
the level of proportionality is maintained (or enhanced) in comparison
to the average for proportional systems, the use of two rounds (as in
France) for the single person constituency is also a powerful incentive for
cooperation between parties and a ‘powerful weapon against anti-system
parties’.4
In the case of coalition government, which are the most common in
Europe (see Table 4.2), which are usually a result of inter-party nego-
tiations, the electorate’s ability to identify an alternative government is
60 A. FREIRE
Germany 0 1 17 0 5 23
Austria 4 1 17 0 1 23
Belgium 3 1 24 2 7 37
Denmark 0 14 4 13 0 31
Slovakia 0 1 4 1 1 7
Slovenia 0 0 2 2 3 7
Spain 4 4 0 0 0 8
Estonia 0 2 6 1 0 9
Finland 0 4 6 7 23 40
France 0 4 7 5 41 57
Greece 8 0 0 0 1 9
Netherlands 0 0 10 0 9 18
Hungary 0 0 1 0 4 5
United 20 1 0 0 0 21
Kingdom
Ireland 7 4 8 3 0 22
Italy 0 11 2 9 31 53
Latvia 0 0 4 4 3 11
Lithuania 2 0 1 1 3 7
Luxembourg 0 0 17 0 1 18
Malta 9 0 0 0 0 9
Poland 0 2 5 2 0 9
Portugal 3 4 6 (4) 0 1 14 (12)
Portugal I 0 2 4 (3) 0 1 7 (6)
Portugal II 3 2 2 (1) 0 0 7 (6)
Czech 0 1 2 1 0 4
Republic
Sweden 3 16 5 2 0 26
Total 63 77 152 (150) 53 135 482 (480)
Total (%) 13 15.9 31.5 10.9 28.0 100
much less clear, just as it is more difficult to hold the parties accounta-
ble when there are several involved in the government (Anderson 2000;
Freire and Lobo 2005). Additionally, the influence of minorities can
become excessive and can even represent an obstacle within the deci-
sion-making process both at the governmental (where the smaller parties
usually have more power than their electoral support warrants) and the
parliamentary level, and particularly on issues requiring broad support.
The slow pace of the decision-making process is often the price paid for
including minorities, although this can bring advantages: with measures
being more fully discussed and upon which a consensus is achieved that
can be more durable and obtain more social support.
Mixed and PRMT (PR with multiple tiers) do not add much in this
respect, and at times often resemble proportional regimes (German-style
mixed systems; PRMT), while at others resemble majority systems (par-
allel mixed systems) that allow greater minority representation than pure
majority systems (Massicotte and Blais 1999; Shugart and Wattenberg
2000; Lopes and Freire 2002; Freire et al. 2008). In any case, these sys-
tems always make the electoral systems more complicated and less trans-
parent (in terms of their operation) to the electorate.
Note that in Portugal, problems of governability existed up until
the end of 2015 on the left, while they practically never existed on the
right. However, these problems were of a political rather than an insti-
tutional nature. That is to say, they were the result of the left’s inability
to reach an understanding rather than the consequence of an excessively
proportional electoral system,5 or of an excessively fragmented party sys-
tem.6 The right in Portugal has amply demonstrated its ability to reach
understandings: the last Social Democratic Party (PSD—Partido Social
Democrático) and Popular Party (CDS-PP—Partido Popular) coali-
tion, which governed from 2011 to 2015, was extremely cohesive dur-
ing a particularly difficult time (economic crisis, need to quickly correct
the deficit, investigations in the Moderno Case that could implicate the
leader of the CDS-PP, etc.), which only collapsed as a result of presiden-
tial actions.
The problem was that, unlike its socialist and social democratic peers
elsewhere in southern Europe (especially in Spain, France, Italy and
Cyprus), Scandinavia and other European countries, the Socialist Party
(PS—Partido Socialista) was not able to reach an understanding with
the parties to its left (Arter 2006; March 2008; Freire 2009).7 However,
while it is true the radical left shared some responsibility for this lack
62 A. FREIRE
division within the Portuguese left. To these we could also add a tenth
reason: the new type of political competition introduced by the new
party, LIVRE, and the LIVRE/Tempo de Avançar list (in 2015).
Namely, because of prioritising the need for the parties of the left to
reach an understanding for government, the LIVRE/Tempo de Avançar
list put some pressure on the radical left, especially the BE, to compro-
mise with the PS for governmental solutions.
What will be the consequences of this inclusion of the radical left in
spheres of government for the democratic systems in Portugal and
Europe? Freire (2017: Introduction and Parts II and IV) outlines eight
possible consequences. First, the current political system is more inclu-
sive and integrationist, and more democratic, with the 10–18% of
the electorate that had until the end of 2015 been excluded from gov-
ernment sphere while present in parliament now included in the gov-
ernment sphere. Second, there has been a significant move towards
political innovation with a solution that had never been attempted dur-
ing 40 years of Portuguese democracy. Third, this solution brought the
leaders of left-wing parties closer with their electorate in terms of gov-
ernmental preferences, and this is an element that if it persists could be
very positive in terms of political representation that tends to depend
on the greater adjustment of the preferences of representatives to
bring them into line with those of the represented. Should this solu-
tion persist, and should it prove stable and relatively successful, the fol-
lowing will probably be the result. Fourth, this governmental solution
can reduce the PS’s ideological centrism, which can in turn clarify the
divide between the centre-left (PS) and the centre-right (PSD), thereby
improving the quality of a political representation (in Portugal) that
depends on clear political (and governmental) alternatives being pre-
sented to voters. Fifth, this solution could help overcome the carteli-
sation of the political, media and economic systems that favour big
parties and which is reflected in their close relationship with big business
that has led to a significant section of the PSD, PS and CDS-PP politi-
cal elites moving into lucrative positions in major companies, and of
senior managers from big business accepting political appointments.
Sixth, this could increase the pressure for a more social and democratic
Europe that will better protect territorial minorities (the smaller states)
and which could be taken up in other countries, which is why there is
so much pressure from the right in Europe to ensure this doesn’t hap-
pen. However, seventh, should this solution not prove durable, stable
or successful, and is not an example that is followed across Europe, it
66 A. FREIRE
could lead to the return of the Portuguese right and be a signal to Europe
to restrict the space for minimally effective alternative policies within the
European Union. While this may benefit the right in the short- to medi-
um-term, it will certainly not benefit European democracy in the medium-
to long-term. Eighth, should this solution be successful (on the terms
referred to above) the radical left may become more moderate (quickly
blurring some of its protest movement identity), although by losing some
of its marginality it may result in the BE, PCP and PEV in particular, and
the left in general, gaining more social, media and political influence as a
consequence of their joining forces. This form of incursion into the gov-
ernment sphere must be considered because it will make the radical left
parties more vulnerable to electoral highs and lows (Freire 2017: Part II).
Proportionality
One of the main advantages of proportional systems is that they offer
fairer representation of the various political tendencies (although there
will also be some distortion in the conversion of votes into seats). Not
only does this enable greater incorporation of minorities into the political
system and decision-making process, giving it more legitimacy while also
delaying decision-making and reducing conflicts and making the system
more permeable to new political forces (which are usually small when
they first emerge) (Rule and Zimmerman 1994). This enhances the par-
liamentary systems’ ability to incorporate social and political innovation.
Moreover, since the various important political forces are treated rela-
tively fairly, the votes of those who sympathise with and vote for smaller
parties are not wasted, and nor are they ‘tempted’ to cast a ‘useful’ vote,
with the result that fewer votes are wasted. See Table 4.3 for a summary
of proportionality issues.
This is all behind the differences of electoral participation, which is
favourable to proportional systems and unfavourable to majority systems.
There is sufficient empirical evidence showing that people tend to par-
ticipate more in the former than in the latter (Jackman 1987; Jackman
and Miller 1998; Blais and Dobrzynska 1998; Lijphart 1999; Franklin
2002; Meirinho 2004; Wessels and Schmitt 2008). But the extent of
proportionality in the electoral system is also linked to clearer political
alternatives offered by the parties to the voters (that is, more ideolog-
ical polarisation) since in proportional systems space exists for the rep-
resentation of a number of parties (and not just the two largest ones)
4 ELECTORAL SYSTEMS AND POLITICAL REFORMS: PORTUGAL … 67
the competition for ideological majorities and minorities does not focus
exclusively on the ‘average voter’. That is, political competition does not
focus exclusively on voters in the ideological centre, and that this pat-
tern of competition encourages ideological differentiation between par-
ties. Indirectly, by making the alternatives clearer, it can also be said
that proportional representation enhances the quality of democracy by
encouraging electoral participation (Wessels and Schmitt 2008), increas-
ing voter identification with political parties (Schmitt 2009; Eneyedi
and Todosijevic 2009) and increasing the degree to which voters are
anchored in their preferences regarding public policies / topics / value
orientations (Freire 2015).
Majority systems, however, are usually associated with representa-
tion that is less fair (providing larger party bonuses and penalties), offers
fewer opportunities to new political forces and which has less capacity
for the incorporation of social and political innovation. Majority sys-
tems are generally associated with more wasted votes (with votes cast for
the smaller parties not counting) and the artificial concentration of the
vote in the two largest parties, which, apart from geographically con-
centrated smaller parties, are the only ones likely to gain parliamentary
68 A. FREIRE
Quality of Representation
Portugal has a closed party list electoral system in which voters can
vote for a party and not for any individual candidate on the list. By
placing their cross next to the party of their choice on the ballot paper
4 ELECTORAL SYSTEMS AND POLITICAL REFORMS: PORTUGAL … 69
they must accept the candidates in the order decided by the parties
(see Freire and Meirinho 2012). When a party can elect three people
in any given constituency, then the deputies elected are the first three
names on the list. This system has a number of advantages, which may
have been particularly important for a new democracy such as Portugal
in 1975, First, it strengthens the political parties at the expense of
the candidates; second, it encourages voting discipline because depu-
ties know their election depends entirely on the position their name
appears on the list approved by party managers rather than on the
result of the popular vote. However, there are also significant disad-
vantages: first, deputies will be less concerned with trying to please the
voters than they will be with trying to please the party leadership. This
can lead to an increase in the distance between the electorate and their
representatives; second, the importance of voting discipline may lead
to the complete annulment of the role of deputies as individuals in the
parliamentary arena.
There are several equally effective ways to create institutional
conditions that will bring the electorate and their representatives
closer together (Curtice and Shively 2003; Ortega 2004; Gallagher
and Mitchell 2008; Pilet et al. 2012; Freire and Papp 2014) (see
Table 4.4). One of these is the creation of single-member constituen-
cies like those found in majority systems (two cases in the EU27 + 3:
France and the United Kingdom) and in mixed systems (five cases in
the EU27 + 3 between 1970 and 2007) (Freire et al. 2008). Another
solution is the so-called preferential vote in which the electorate votes
for a list but can choose their preferred candidate or candidates from
this list (or can even choose from several lists in ‘open/mixed list’
systems), with these being the preferences determining which candi-
dates are elected rather than their position on a list prepared by the
party. With these solutions, from 1970 to 2007 across Europe there
were ten examples of preferential vote, one single-segment propor-
tional representation system, and two single transferable vote systems
that can be considered a form of preferential vote associated to a sin-
gle-segment proportional representation system (Malta and Ireland);
and three cases of preferential vote and one PRMT. The closed list
system, like that used in Portugal, is in a minority in Europe (there
were only seven examples between 1970 and 2007) (Freire et al.
2008: 40–41).
70
A. FREIRE
Table 4.4 Electoral systems and quality of representation: aims, solutions and necessary trade-offs
Less incentive for local Greater incentive for local Greater incentive for local rep- Greater incentive for local
representation representation resentation (with eventual local representation (without local
(without local pluralism) pluralism: PRMT) pluralism)
Trade-off
Greater voting discipline Less voting discipline Less voting discipline Less voting discipline
Centralism Localism Localism Localism
Clientelism Clientelism Clientelism
More cohesive parties Less cohesive parties Less cohesive parties Less cohesive parties
Remedies
Non-blocked closed (or open) Demand voting discipline on the manifesto and on matters of governability; allow more voting
lists freedom on other matters
Conclusions
We must remember that no electoral system is perfect and that the dif-
ferent systems that do exist pursue different goals that cannot always
be reconciled. This means there is always some form of trade-off. This
author continues to believe the Portuguese electoral system does not in
itself generate problems of governability. This is because, in comparative
terms, the level of proportionality in the Portuguese system is not high,
and indeed is lower than the EU27 + 3 average for proportional systems.
The party system is also not fragmented: the degree of vote concentra-
tion in the two main parties is like that found in the bipartisan regimes
associated with majority democracies. However, this does not mean there
are no problems of governability, what it does mean is that problems
of governance are political in origin (lack of understanding on the left
until the end of 2015) rather than institutional (that is, they are not the
result of excessive proportionality in the conversion of votes into seats
and/or of the excessive fragmentation of the party system). The under-
standing reached between the parties of the left in Portugal at the end
of 2015 that led to the formation and support for the 21st constitu-
tional government (a minority PS government that for the first time in
the history of democratic Portugal has been kept in power through par-
liamentary agreements between it and the parties to its left) is proof of
this. The root of the reasons for this understanding between the left—or
the prior lack of such understandings—are political rather than institu-
tional, although the institutions could be open to such understandings.
There are also political-institutional reforms that could be introduced to
improve the status quo in this area.
This also means these problems could be minimised without compro-
mising proportionality. For example, using specific constructive censure
motions, namely those that allow some items of legislation to be con-
verted into motions that can only vote down a cabinet when there is an
alternative government able to replace the existing one (within the current
parliamentary framework). Additionally, through incentives to encourage
cooperation among parties.9 This is because the reduction in proportion-
ality (and the subsequent increase in bipartisanship) could still result in an
even greater reduction in the clarity of the alternatives, a decline in party
identification and, either directly or indirectly, a fall in both political par-
ticipation and in the level of satisfaction with the democratic regime.
72 A. FREIRE
The closed list system, which tends to involve very large constitu-
encies, may have made complete sense during the transition to democ-
racy, but it is now anachronistic in the European context and ought to
be replaced. First, because without exaggerating the role of electoral
reform in this area (we must remain realistic!) (Freire 2014) by opening
the electoral system in this way it will be possible to increase political
participation and identification with parties and encourage deputies to
pay more attention to their constituents and, consequently, act in such a
way as to make voters feel better represented. Also, because critics high-
lighting the subversion of the constitutional model (with representations
focused on the candidates rather than the parties) and the significant
decline in voting discipline (Moreira 2008a, b; Lobo 2008) are in every
way exaggerated—as the experience in other countries demonstrates
(Arter 2006; Ortega 2004).
It is naturally necessary to assume there will always be trade-offs in
this matter and to accept, first, the greater relative prominence of depu-
ties in political representation (compared to the status quo) and, second,
to accept a weakening of the voting discipline (which could even lead to
more flexibility in the system of government).
In short, these reforms could serve to improve the quality of democracy,
especially if they are not accompanied by any reduction in proportionality—
although a certain element of trade-off will always be necessary. Beyond
this, the data are in the open and there is no shortage of studies, so while we
must move forward cautiously and moderately, we must also be daring (par-
ticularly in relation to the suffrage and voting procedures). The directions
for reform should include the following: without calling into question the
essence of the Portuguese PR system, that has operated very well during the
past 40 years of Portuguese democracy, but taking away the voting system
(closed list) and the lack of incentives for inter-party cooperation. Thus, by
moving in these directions we will be able to preserve the essence of the PR
system and reform the electoral regime in order to improve the quality of
the Portuguese democracy.
Notes
1.
This chapter was originally published as Freire, A. (2015), ‘Electoral
systems and political reforms: Portugal in comparative perspective’,
E-Pública: Revista Electrónica de Direito Público, FD-UL (ICJP, CIDP), 4,
pp. 1–27. http://e-publica.pt/destaque.html. The author of this chapter
4 ELECTORAL SYSTEMS AND POLITICAL REFORMS: PORTUGAL … 73
and editors of this book would like to thank E-Pública: Revista Electrónica
de Direito Público, and especially Professor Alexandra Ludomila Ribeiro
Fernandes Leitão, for their permission to republish the article here. This
version has been updated to take into account the events associated with
the result of the general election on 4 October 2015 and the resulting
minority PS government kept in power through parliamentary agreements
with parties of the radical left (BE, PCP and PEV), which represented a
fundamental turning point for Portuguese politics that the author has ana-
lysed in depth (Freire 2017; see also Freire and Santana-Pereira 2016), and
which is investigated again here. This version was published in Portuguese
in Freire (2018).
2. ‘Mechanical effects’ (Duverger 1951); ‘proximal effects’ (Rae 1969).
3. ‘Psychological effects’ (Duverger 1951); ‘distal effects’ (Rae 1969).
4. See Freire (2011) for an explanation of ‘related lists’ / apparentment and
‘two-round’ mechanisms and how they encourage inter-party cooperation.
5. The level of disproportionality in Portugal is above the average for propor-
tional regimes in Europe and the EU27 + 3.
6. The concentration of the vote in the two main parties makes the
Portuguese party system resemble Westminster-style democracies.
7. See Tables 3 and 4 in Freire (2018).
8. The empirical evidence sustaining our thesis and expectations can be found
in Freire (2017), especially Parts II and IV.
9. For example, the ‘related lists’ / apparentment in a system of proportional
representation by multiple segments / multiple tiers, as proposed by Freire
et al. (2008), or over two rounds with the requirement of an absolute
majority in a single-member constituency, should the option for a mixed
system be chosen. See Freire (2011).
References
Anderson, C. J. (2000). Economic Voting and Political Context. Electoral
Studies, 19(2/3), 151–169.
Anderson, C. J., & Guillory, C. A. (1997). Political Institutions and Satisfaction
with Democracy: A Cross-National Analysis of Consensus and Majoritarian
Systems. American Political Science Review, 91(1), 66–81.
Arter, D. (2006). Democracy in Scandinavia: Consensual, Majoritarian or Mixed?
Manchester: Manchester University Press.
Blais, A., & Dobrzynska, A. (1998). Turnout in Electoral Democracies.
European Journal of Political Research, 33, 239–261.
Curtice, J., & Shively, P. (2003). Quem nos representa melhor? Um deputado ou
vários? Análise Social, 167, 361–386.
Duverger, M. (1951). Os Partidos Políticos. Rio de Janeiro: Guanabara.
74 A. FREIRE
Eneyedi, Z., & Todosijevic, B. (2009). Adversarial Politics, Civic Virtues and
Partisanship in Eastern and Western Europe. In J. Bartle & P. Belluci (Eds.),
Political Parties and Partisanship: Social Identity and Political Attitudes
(pp. 142–161). London: Routledge.
Franklin, M. (2002). The Dynamics of Electoral Participation. In L. LeDuc,
R. G. Niemi, & P. Norris (Eds.), Comparing Democracies 2: New Challenges
in the Study of Elections and Voting (pp. 148–168). London: Sage.
Freire, A. (2006). Esquerda e Direita na Política Europeia: Portugal, Espanha e
Grécia em Perspectiva Comparada. Lisbon: Imprensa de Ciências Sociais.
Freire, A. (2009). Mudança do sistema partidário em Portugal, 1974–2009:
O papel dos factores políticos, sociais e ideológicos. In M. A. Cruz (Ed.),
Eleições e Sistemas Eleitorais: Perspectivas Históricas e Políticas. Porto:
Universidade do Porto Editorial.
Freire, A. (2010). Reformas eleitorais: Objetivos, soluções, efeitos prováveis e
trade-offs necessários. Eleições, 12, 25–60.
Freire, A. (2011). Constituição e sistema político-eleitoral. In N. Garoupa,
M. P. Maduro, P. Magalhães, & J. Tavares (Eds.), A Constituição Revista
(pp. 73–79). Lisbon: Editora Fundação Francisco Manuel dos Santos.
Available at http://www.ffms.pt/upload/docs/0793dd50-3e18-478a-be1f-
42b179181dde.pdf.
Freire, A. (2013). Crise e transformação nas esquerdas europeias, antes e depois
do fim dos regimes do “socialismo realmente existente” (1989–1991). In
P. A. Oliveira (Ed.), O Fim da URSS, a Nova Rússia e a Crise das Esquerdas
(pp. 247–302). Lisbon: FMS-IHC-UNL/Colibri.
Freire, A. (2014, September 29). Crise das democracias e reformas dos siste-
mas eleitorais, opinion article in the Portuguese daily newspaper. Público.
https://www.publico.pt/2014/09/24/politica/opiniao/a-crise-das-
democracias-e-a-reforma-dos-sistemas-eleitorais-1670588.
Freire, A. (2015). Left-Right Ideology as a Dimension of Identification and as a
Dimension of Competition. Journal of Political Ideologies, 20(1), 43–68.
Freire, A. (2017). Para lá da «Geringonça» : O Governo de Esquerdas em Portugal
e na Europa. Lisbon: Contraponto.
Freire, A. (2018). Sistemas eleitorais e reformas políticas: Portugal em perspe-
tiva comparada. In C. P. Teixeira (Ed.), O Sistema Político Português: Uma
Perspetiva Comparada (pp. 155–186). Cascais: Principia.
Freire, A., & Belchior, A. (2013). Ideological Representation in Portugal:
Mps-Electors Linkages in Terms of Left-Right Placement and Substantive
Meaning. Journal of Legislative Studies, 19(1), 1–21.
Freire, A., & Lobo, M. C. (2005). Economics, Ideology and Vote: Southern
Europe, 1985–2000. European Journal of Political Research, 44(4), 493–518.
Freire, A., & Meirinho, M. (2012). Institutional Reform in Portugal: From the
Perspective of Deputies and Voters’ Perspectives. Pôle Sud – Revue de Science
Politique, 36, 107–125.
4 ELECTORAL SYSTEMS AND POLITICAL REFORMS: PORTUGAL … 75
Freire, A., & Papp, Z. (2014). Electoral Rules and Legislators’ Personal Vote-
Seeking. In K. Deschouwer & S. Depaw (Eds.), Representing the People: A
Survey Among Members of Statewide and Substrate Parliaments (pp. 87–109).
Oxford: Oxford University Press.
Freire, A., & Santana-Pereira, J. (2016). The Portuguese National Election of
2015: From Austerity to the Fall of the Portuguese “Berlin Wall”. Pôle Sud –
Revue de Science Politique, 44(1), 142–147.
Freire, A., Meirinho, M., & Moreira, D. (2008). Para uma Melhoria da
Qualidade da Representação: A Reforma do Sistema Eleitoral. Lisbon:
Sextante.
Gallagher, M., & Mitchell, P. (2008). The Politics of Electoral Systems. Oxford:
Oxford University Press.
Grossman, E., & Sauger, N. (2007). Introduction aux Systèmes Politiques
Nationaux de l’UE. Bruxelles: De Boeck Université.
Jackman, R. W. (1987). Political Institutions and Voter Turnout in the Industrial
Democracies. American Political Science Review, 81, 405–423.
Jackman, R. W., & Miller, R. A. (1998). Voter Turnout in the Industrial
Democracies During the 1980s. In P. Norris (Ed.), Elections and Voting
Behaviour: New Challenges, New Perspectives (pp. 305–330). Dartmouth:
Ashgate.
Lijphart, A. (1999). Patterns of Democracy: Government Forms and Performance
in Thirty-Six Countries. New Haven, CT: Yale University Press.
Lijphart, A. (2006). The Case for Power Sharing. In L. Diamond &
M. F. Plattner (Eds.), Electoral Systems and Democracy (pp. 42–55).
Baltimore, MD: Johns Hopkins University Press.
Lijphart, A. (2007). Thinking About Democracy: Power Sharing and Majority
Rule in Theory and Practice. London: Routledge.
Lobo, M. C. (2008, December 11). A reforma do sistema eleitoral, opinion arti-
cle included in the Portuguese newspaper. Jornal de Negócios. https://www.
jornaldenegocios.pt/opiniao/detalhe/a_reforma_do_sistema_eleitoral.
Lopes, F. F., & Freire, A. (2002). Partidos Políticos e Sistemas Eleitorais: Uma
Introdução. Oeiras: Celta.
March, L. (2008). Contemporary Far Left Parties in Europe: From Marxism to the
Mainstream? Fundação Friedrich Ebert, 11/2008. Available at library.fes.de/
pdf-files/id/ipa/05818.pdf.
March, L., & Freire, A. (2012). A Esquerda Radical em Portugal e na Europa:
Marxismo, Mainstream ou Marginalidade? Porto: Quid Novi.
Massicotte, L., & Blais, A. (1999). Mixed Electoral Systems: A Conceptual and
Empirical Survey. Electoral Studies, 18(3), 341–366.
Meirinho, M. (2004). Participação Política e Democracia: O Caso Português
1976–2000. Lisbon: Instituto Superior de Ciências Sociais e Políticas.
Moreira, V. (2008a, December 16). Uma proposta falhada. Público.
76 A. FREIRE
Carlos Jalali
C. Jalali (*)
DCSPT & GOVCOPP, University of Aveiro, Aveiro, Portugal
e-mail: cjalali@ua.pt
Structures of competition can thus lie between two poles, being rela-
tively closed or relatively open. The former are characterised by patterns
of wholesale or non-alternation in office, with governments that present
familiar formulae in their format and access restricted to a well-defined
subset of the relevant parties; the latter present a greater prevalence of
partial alternation in office, as well as a greater frequency of innovative
governing formulae and access to government open to virtually all the
relevant parties (Mair 1997: 211–214).
A second dimension that has received attention in the study of party
systems, which we will also consider with regard to the Portuguese
party system, pertains to party system change. Change occurs when
“a party system is transformed from one class or type of party sys-
tem to another.” (Mair 1997: 51–52). It should be noted that elec-
toral change does not necessarily generate party system change. As
Mair notes (1997: 215), electoral patterns may shift without affect-
ing the party system; and, conversely, the structure of party interac-
tion may be altered without significant electoral realignment. In this
80 C. JALALI
While the era of mass parties has ended some time ago, the existence of
these parties is seen as having structured electorates in the older democ-
racies, consolidating their party systems. The newer democracies, in
turn, did not benefit from this effect, generating less consolidated party
systems. This is of particular importance in the study of the Portuguese
party system, where mass parties did not emerge with democratisation
(Bruneau 1997: 5) and partisan identities were formed ab novo with the
transition to democracy, without any remnants of a previous party sys-
tem that could be at least partially resuscitated with democratisation.
The Portuguese case contrasts starkly with that of neighbouring Spain,
where the relevant post-1977 parties on the left (PSOE and PCE) had
also been relevant parties during the ill-fated Republican experience of
the 1930s. In this context, the Portuguese case is potentially a typical
case (to use the typology of Gerring 2006: 89–93) in terms of third wave
democracies that did not have prior party systems that re-emerged with
democratisation.
82 C. JALALI
Notes
1. This analysis excludes the brief period of supra-partisan presidential governments (1978–1979)
2. The PSD-CDS government of 1980 entered office after the 1979 legislative elections. However, the
period until 1981 is formally considered part of the first legislature
86 C. JALALI
to the left of the PS from government also emerged early on, reflected in
the Socialists’ decision to form a minority government in 1976, not to
mention the dividing line between PS and the parties on its left during
the revolutionary period.
Likewise, it is important to note that this structuration occurred
despite the absence of mass parties in Portugal. The Portuguese expe-
rience thus suggests that party systems can consolidate quickly after
democratisation; and that this can be achieved without the development
of mass parties.9
The Portuguese case also illustrates the need to look beyond electoral
volatility when examining the consolidation of a party system. As Fig. 5.2
illustrates, Portugal had some elections with fairly high levels of volatil-
ity, such as in 1985; 1987; or 1995. However, with the exception of the
1985 elections—marked by the emergence of the PRD—this volatility
was generally consistent with party system stability in Portugal. In these
cases, the volatility tends to be more a reflection of the electoral swing
between the two main parties, within a framework of a consolidated
party system.
terms of the approval of the State Budget, the central policy plank for
Portuguese governments. The 2016, 2017 and 2018 budgets were all
approved with the support of BE, PCP and PEV (and the opposition of
PSD and CDS).
This marks a sea change in the interactions of the Portuguese left.
Previously, BE and PCP systematically voted against all Socialist budgets,
with the former voting against every single budget since it was first elected
to parliament in 1999; and the Communist doing the same since 1977.10
This support of PCP and BE for the budgets of the Costa government
contrasts sharply with the experience of previous minority PS govern-
ments, which have invariably had their budgets approved in parliament
with the support of the parties to the right, usually through an absten-
tion that enabled parliamentary approval. This is evident in the budg-
ets for 1996 and 2000, approved with the abstention of the CDS; 1997,
1998 and 1999, approved with the abstention of the PSD; or more
recently, the budget for 2010 (approved with the abstention of the PSD
and CDS) and 2011 (with the abstention of the PSD). When it was una-
ble to obtain the support of either PSD or CDS for the 2001 and 2002
budgets, the budget was approved thanks to an individual CDS MP—
again, highlighting the lack of cooperation between the PS and the par-
ties to its left.
The notion that the 21st government is different from previous
Socialist governments, implying a change in the party system, is also
evident in political discourse since 2015. Speaking on October 2015,
António Costa described the prospective entente with the PCP and BE as
“if we were overthrowing the remainder of the Berlin wall” (Khan 2015).
Similarly, the description of this government as the ‘contraption’
reflects this perception of a change in the party system. This epithet—
at first applied to the Costa executive in a disparaging manner by the
PSD and CDS,11 before swiftly becoming the near-ubiquitous term to
describe this government in the media and popular discourse—is con-
sistent with the idea that this period is different. A contraption is not
only something that is unstable: it is also a novelty, and it is with the lat-
ter sense that the left (and especially the Socialist Party) appropriated the
term to describe this government.
So is the ‘contraption’ the moment of transformation of the
Portuguese party system? To borrow Zhou Enlai’s answer, it is too early
to say. The current legislature has certainly seen an unprecedented level
of cooperation on the left. However, it remains to be seen if, and how,
5 THE PORTUGUESE PARTY SYSTEM: EVOLUTION IN CONTINUITY? 93
this cooperation will last beyond this legislature. It is worth recalling that
such apparent changes do not always yield a permanent change in party
systems, as the ‘historic compromise’ in 1970s Italy illustrates.
That said, there are two interrelated aspects that can help assess why
the contraption occurred, and provide pointers with regard to the future
of the party system. The first is the decline in the vote of the two major
parties. The second is the unprecedented parliamentary configuration
that resulted from the 2015 elections.
With regard to the first dimensions, the combined vote of PS and
PSD in the 2015 elections is estimated at 63.3%. Excluding the 1985
elections, where the PRD had a substantial impact, this is the lowest
combined vote share for these two parties in practically 35 years. This
decline in the vote share of the two main parties helps explain why the
largest list, the PàF, fell short of a parliamentary majority. This is the
first time that PSD and CDS coalesce—be it pre-electorally or post-
electorally—and do not obtain a parliamentary majority. Indeed, the
very creation of the PàF alliance can be interpreted as a preemptive reac-
tion to this decline, seeking to take advantage of the seat bonus that the
Portuguese electoral system historically generates for the list that wins
more votes. The most voted party or list in legislative elections from
1976 to 2015 has on average gained a share of the seats that is 6.5 per-
centage points higher than its share of the votes.12 This bonus helped the
PSD gain the largest parliamentary group in the 2015 elections, with 89
MPs, 3 more than the PS.
This weakening of the combined PS-PSD vote also contributed to a
second key factor: an unprecedented parliamentary configuration, where
the most voted list (PàF) was in one political bloc (in this case, on the
right), while the parliamentary majority was of the opposite political bloc.
This configuration is only partially mirrored in the fourth legislature that
emerged from the 1985 legislative elections. In that legislature, the PSD
was the largest single party; but the left held a parliamentary majority,
if we include the PRD within this bloc. However, the PRD had poorly
defined ideological position, reflected in the fact that its manifesto is clas-
sified as being slight right of center by the Comparative Manifest Project
(Lehmann et al. 2015), which made it less adversarial vis-à-vis the PSD
than the PCP and BE were with regard to the PàF parties in 2015.
The combination of these two patterns generated a parliament where
both of the main parties were far from a parliamentary majority. This can
be seen using the Shapley-Shubik power index to measure the power of
94 C. JALALI
the largest parliamentary party in the various legislatures since 1976. The
results mirror the analysis of sections “The Portuguese Party System,
1974–2015: Characterisation” and “Portuguese Party System, 1974–
2015: Evolution”. The power index of the largest parliamentary group is
substantially greater in the period of 1987–2009 than in the legislatures
preceding and following this period. The average power of the largest
party is 0.8 between 1987 and 2009, which contrasts with an average
of 0.44 until the 1987 legislative elections; and of also 0.44 in the three
legislatures since the 2009 elections.
More relevant to our analysis of the period after the 2015 elections is
that the largest party in the post-2015 legislature (PSD) has the lowest
Shapley-Shubik power index of the democratic period, of 0.3. Similarly,
it is worth noting that in this legislature, and for the first time in our
democracy, the two major parties have the same Shapley-Shubik power
index. This result helps explain the new parliamentary balance after the
2015 elections, leading to new potential coalitional configurations.
The Shapley-Shubik power index does not take into account the ide-
ological positioning of the parties. If we take these into account, we can
see that the range of majoritarian options in the post-2015 legislature
was very limited. A coalition with the CDS was not enough for either
PSD or PS to reach a parliamentary majority. That left only two politi-
cally viable minimum winning majorities in this parliament: an entente
between PS and PSD, or one between the parties on the left (PS, PCP
and BE).
At the same time, the decline in the combined vote share of the two
main parties in the 2015 legislative must also take into account the very
particular context of these elections: the immediate aftermath of a bail-
out programme that had adverse consequences for both parties. In the
case of the PS, the negative effects derived from the fact it was a Socialist
government that had requested the bailout; in the case of the PSD,
because it had led the government that implemented the austerity meas-
ures of the bailout programme.
That being said, the immediate effect of the bailout on the two main
parties’ vote appears to be slight. The combined vote share of PS and
PSD declined only 2.4 percentage points from the pre-bailout 2009 elec-
tions to the post-bailout 2015 elections. In this regard, Portugal is a nota-
ble exception in the context of Eurozone bailout countries (and indeed,
of several non-bailout party systems in Western Europe). The two main
parties in Ireland, Spain and Greece saw their combined vote decline by
5 THE PORTUGUESE PARTY SYSTEM: EVOLUTION IN CONTINUITY? 95
Table 5.2 Average combined vote share of PS and PSD in legislative, local and
European elections, 1975–2017 (in percentage)
Notes
1. This table includes the Constituent Assembly elections of 1975
2. In elections in which PSD and CDS ran together in a single list alliance, the votes of the alliance are
split in a 4:1 ratio, following the practice adopted in the literature (see, for instance, Jalali and Lobo
2006)
19.1, 22.7 and 43 percentage points respectively after their bailouts; and
similar electoral realignments have occurred in recent years in countries
such as France and Italy. In the case of Portugal, the largest single decline
in the combined vote share of PS and PSD predates the 2011 bailout,
occurring in the 2009 legislative elections, when the two parties together
polled 65% of the vote—a decline of some 12 percentage points in com-
parison with the average for the 1987–2005 elections, and of over 8 per-
centage points vis-à-vis the immediately preceding 2005 elections.
The nature of the party system beyond the 2015 legislature will
depend to a large extent on the future trend of the PS-PSD combined
vote share. Is the post-2009 decline highlighted in Table 5.2 an excep-
tion, with subsequent elections leading to a return to the 1987–2009
‘norm’; or is this a ‘new normal’ in the Portuguese electoral behavior? In
the latter scenario, an entrenchment of the patterns inaugurated in 2015
is more likely, as is the possibility of actual innovation and openness in
government composition.
Conclusions
A party system consists of the patterns of interaction between the parties.
In the Portuguese case, we identified three main patterns of interaction
until 2015. First, PS vs. PSD as the principal dimension of competition,
structuring the party system in terms of competition for government.
96 C. JALALI
Notes
1. See, for example, the typology of Sartori (1976). This captures well party
systems that are either prior or contemporary to its elaboration (e.g. post-
war Italy or the French Fourth Republic in the case of polarised plural-
ism; or the French Republic Fifth Republic and post-war Germany in the
moderate pluralism category). However, it is less capable of dealing fully
with more recent party systems (such as Portugal and Spain) or changes
in older party systems, such as Italy after 1994.
2. Morlino avoids the term institutionalisation on the grounds that the party
system is not an institution, at least in the full sense of the term (Morlino
1998: 206).
3. These were the first (from 1976 to the mid-term elections of December
1979); third (1983–1985); fourth (1985–1987); seventh (1995–1999);
eighth (1999–2002); tenth (2005–2009); and eleventh (2009–2011)
legislatures.
4. These were the second (1980–1983); fifth (1987–1991); sixth (1991–
1995); ninth (2002–2005); and twelfth (2011–2015) legislatures.
5. The sixth constitutional government led by Mário Soares; the thirteenth
and fourteenth constitutional governments, both headed by António
Guterres; and the eighteenth constitutional government of José Socrates
(2009–2011).
6. The tenth (1987–1991) and eleventh (1991–1995) constitutional govern-
ments, both led by Cavaco Silva.
7. The sixth constitutional government (1980–1981, led by Francisco Sá
Carneiro); the seventh (1981) and eighth (1981–1983) constitutional
governments (led by Francisco Pinto Balsemão); the fifteenth constitu-
tional government (2002–2004, led by José Manuel Barroso); the six-
teenth constitutional government (2004–2005, led by Pedro Santana
Lopes); and the nineteenth constitutional government (2011–2015, led
by Pedro Passos Coelho).
8. For an analysis of the strategies of CDS and PCP, see Jalali (2007:
202–208).
9. For an analysis of the consolidation process of the Portuguese party sys-
tem, see Jalali (2007).
10. The one exception was in 1976, when the PCP abstained on the first
Socialist budget for 1977, although this abstention was irrelevant for its
approval, given the other parties’ votes in parliament.
11. The epithet, initially coined in a newspaper column, entered popular
lore when it was used by the then leader of the CDS, Paulo Portas, in
98 C. JALALI
References
Aguiar, J. (1996). A história múltipla. Análise Social, XXXI(139), 1235–1281.
Avillez, M. (1996). Soares: Democracia. Lisbon: Público.
Bértoa, F. C. & Enyedi, Z. (2014). Party System Closure and Openness
Conceptualization, Operationalization and Validation. Party Politics, Epub ahead
of print 9 September 2014. https://doi.org/10.1177/1354068814549340.
Bruneau, T. (1997). Introduction. In T. Bruneau (org.), Political Parties and
Democracy in Portugal (pp. 1–22). Boulder: Westview Press.
Duverger, M. (1954). Political Parties: Their Organization and Activity in the
Modern State. Londres: Methuen Press.
Frain, M. (1998). PPD/PSD e a Consolidação do Regime Democrático. Lisbon:
Notícias Editorial.
Freire, A. (2009). Mudança do sistema partidário em Portugal, 1974–2009:
o papel dos factores políticos, sociais e ideológicos. In M. A. Cruz (org.),
Eleições e sistemas eleitorais: perspectivas históricas e políticas (pp. 215–261).
Porto: Universidade do Porto Editorial.
Gerring, J. (2006). Case Study Research: Principles and Practices. Cambridge:
Cambridge University Press.
Goldey, D. (1992). The Portuguese Elections of 1987 and 1991 and Presidential
Elections of 1991. Electoral Studies, 11(2), 171–176.
Huntington, S. P. (1993). The Third Wave: Democratization in the Late 20th
Century. Norman: University of Oklahoma Press.
Jalali, C. (2007). Partidos e Democracia em Portugal, 1974–2005: da Revolução
ao Bipartidarismo? Lisbon: Imprensa de Ciências Sociais.
Jalali, C., & Lobo, M. C. (2006). The Trials of a Socialist Government: Right-
Wing Victories in Local and Presidential Elections in Portugal, 2005–2006.
South European Society & Politics, 2(11), 287–299.
Khan, M. (2015). Portugal’s ‘Berlin Wall Moment’: Communists and Anti-
Euro Leftists Set to Enter Government. The Telegraph (online). Accessed 28
May 2018. https://www.telegraph.co.uk/finance/economics/11944954/
Communists-and-Leftists-set-to-enter-Portuguese-government-hailing-Berlin-
wall-moment.html.
Lehmann, P, Matthieß, T., Merz, N., Regel, S., & Werner, A. (2015). Manifesto
Corpus. Version MPDS2015a. Berlin: WZB Berlin Social Science Center.
5 THE PORTUGUESE PARTY SYSTEM: EVOLUTION IN CONTINUITY? 99
Since the entry into force of the 20071 Reform on 15 September 2007
(see the Reform process in the References), the Portuguese Parliament—
Assembly of the Republic—has challenged the theory of the functional
decline of the legislatures defended in 1921 by Lord Bryce (Cotta 1996:
287; Teixeira and Freire 2009: 57), following previous works where
the book of Walter Bagehot stands out (Norton 1990: 20).
It is undeniable that the legislatures lost power in legislative produc-
tion in favour of the governments. This applies particularly in parliamen-
tary systems, as a consequence of: (a) the complexity of the modern state
(Leston-Bandeira 1995: 122; Freire et al. 2002: 23; Porta 2003: 210);
(b) the globalisation process (Merkel 2014; Streeck 2015; Freire 2015);
and (c) in the case of the Member States of the European Union, the
co-legislative function that the national governments are having in
increasingly more areas at European level (Miranda 2014: 195).
A. J. Seguro (*)
University Autónoma of Lisbon, Lisbon, Portugal
In the only known study2 of the consequences of the Reform, the focus
was precisely on the analysis of the executive control function. The
results showed “a positive change in the executive control function
expressed by the increased use of the traditional control instruments that
led to the rise in the number of government members – both in the ple-
nary and in the committees – and increase in the average number, rate
and time to answer written questions and requests” in the period 2007–
2014 compared to the period 2000–2007 (Seguro 2016).
The significant increase in the number of government members both
in the plenary (+19%) and in committees (+74%) resulted from several
factors: the increase in the opposition rights that the Reform granted to
the parliamentary groups, particularly the opposition, for the first time
since the establishment of democracy in 1974, which do not entail the
consent of the parliamentary majority to require the presence of a gov-
ernment member in the parliament; the obligation and scheduling of ses-
sions for questions to the Government members in the committees; and
the mandatory presence of the Prime Minister in the plenary for debate
with the deputies every fortnight.
6 THE CENTRALITY OF THE PORTUGUESE … 103
Legitimation
In addition to its legislative function, national Parliament simultaneously
had a legitimation function in one of the most difficult economic, social
and political periods after 25 April 1974. This legitimation function was
identified by Robert Packenham (1970) as a consequence for the polit-
ical system when he studied the role of the Brazilian Congress during
the authoritarian and nationalist military regime (1964–1985), especially
regarding its regular functioning (see also Kreppel 2014: 173). As noted
by Cristina Leston Bandeira, Packenham’s study shows that “parliaments
play a variety of functions beyond traditional legislative production, and
a parliament does not necessarily play a decisive role in the policy-making
process, understood as the process of drafting legislation and public poli-
cies” (2002: 31).
This legitimisation function is not new in the Portuguese parliament.
In a comprehensive analysis of the Assembly of the Republic (1983–1995),
Leston-Bandeira identifies the existence of this function and concluded
that in two decades of democracy, the Portuguese parliament has devel-
oped from being a law-oriented institution to becoming an institution
oriented towards legitimation (2002: 209–219).
6 THE CENTRALITY OF THE PORTUGUESE … 105
plan with three priority areas: the financial system, balance of public
accounts and measures to support economic recovery. The Committee
met 70 times, with 47 regular meetings and 23 meetings of the Board
and Coordinators of the parliamentary groups. The fact that there were
23 meetings between the political leadership of the committee illustrates
the high degree of political importance the political parties attached to
the monitoring of the implementation of the Bailout Programme. The
14 hearings held with government members with high political respon-
sibilities (Deputy Prime Minister, Minister of State and Finance, Deputy
Secretary of State of the Prime Minister8 and Deputy Secretary of State
of the Deputy Prime Minister) as well as the nine meetings with the
Troika9 over the mandate also attest this importance.
During the bailout period, the Portuguese Parliament took its role of
politically controlling the government very seriously and created a spe-
cific mechanism—the Follow-up Committee—to gather information and
clarifications from both the government and the Troika; to convey to
them the plural political positions of the parties that comprise it (see the
final declarations of each parliamentary group in the Committee’s Final
Activity Report) and to listen to the positions of other relevant politi-
cal and social players (Trade Unions and Confederation of Employers),
as well as the Governor of the Bank of Portugal and the Portuguese
Association of Banks.
Admittedly, according to reports of those who were present, these
meetings with the Troika served to reaffirm the political positions of each
of the parties rather than to achieve any other objective for the occa-
sional or structural correction of measures of the MoU. That objective
was for the government only. Still, this was not the purpose that had led
to the creation of the parliamentary follow-up committee.
As made clear from media reports during the bailout period, most of
the parliamentary debates dealt with austerity policies, Troika measures,
the implementation of these measures and others that the PSD/CDS-PP
government considered indispensable for the economic recovery of the
country and to which the opposition parties objected. These topics over-
whelmingly pervaded all debates, interpellations, questioning sessions
(with emphasis on the fortnightly debate with the Prime Minister) and
parliamentary committees’ hearings of government members. Thus,
the role played by the Follow-up Committee through its specific action
was also used as a means to fuel the intervention of MPs in the Plenary
and in the permanent committees of the Assembly of the Republic, which
6 THE CENTRALITY OF THE PORTUGUESE … 107
constantly reminded the government that it was the latter and not the
troika who was accountable to the Portuguese, while simultaneously
publicising their plural positions to the country.
During this period, the parties did not fundamentally change their
main political positions: “The socialist government has left us a coun-
try on the brink of bankruptcy, the troika has helped us raise and now,
finally, the PSD/CDS-PP government can make the country walk on
its own foot” (PSD); “There was another way, with less social suffer-
ing, to healthily fulfil the commitments made with the signing of the
Memorandum of Understanding. The PSD/CDS-PP government went
beyond the troika, impoverishing the Portuguese (PS); after this phase,
we are convinced that Portugal will no longer find itself in the undoubt-
edly vexatious situation of being forced to seek international aid. After
very difficult years, we now live a different moment, in which the eco-
nomic cycle shows progressive signs of change” (CDS-PP); “The Pact of
Aggression signed by the domestic (PS, PSD and CDS-PP) and foreign
troikas (IMF, ECB and the EU) subjected Portugal to a political pro-
gramme of impoverishment (…) imposing a historical cycle of civiliza-
tional regression. With the implementation of this pact, the government
reconfigured the State itself against the Constitution of the Portuguese
Republic” (PCP); “With the signing of the MoU, the PS, PSD and
CDS-PP pawned the sovereignty of Portugal, leaving the country hos-
tage of supranational institutions. (…) The Portuguese people became
the victim of an intense austerity programme that resulted in the deval-
uation of work, in the increase of unemployment, in the reduction of
the Welfare State, in the rise of taxes and in the increase of poverty and
inequalities” (BE).10
The existence and confrontation in national Parliament of this plu-
rality of positions constituted an invaluable political asset, particularly in
moments of crisis, echoing and responding to different socio-political
currents in Portuguese society, avoiding exposed fractures of the inevita-
ble social and ideological cleavages that emerged with the crisis resulting
from the consequences of austerity policies.
This political plurality is a unique feature of legislatures as a structure
of political representation. We do not ignore the argument that the direct
election of the legislature only serves to legitimise the appointment of
the executive, but even if it were like this, the executive does not guar-
antee the plural nature of political representation. The oppositions are
present in the legislatures but do not integrate the executives. Hence, the
108 A. J. SEGURO
Censure Motions
Censure Motions figured prominently in the process of executive con-
trol during the bailout period. In fact, the PSD/CDS-PP government
of Passos/Portas faced the largest number of censure motions since the
first legislative assembly (1976). Six censure motions were submitted by
all opposition parties (PS-1, PCP-3, BE-1 and PEV-1), i.e. over a fifth of
the 28 censure motions submitted in the 42 years of legislative assembly.
Political parties were aware that censure motions would be doomed to
rejection by the vote of the government majority, but nevertheless they
took the initiative. The objective, of course, was not to overthrow the
government but to politically criticise to make clear the distance from the
PSD/CDS-PP government’s austerity policies, in the name of another
6 THE CENTRALITY OF THE PORTUGUESE … 109
policies that they failed to achieve in the legislatures through the polit-
ical processes. As an example, there is the “TSU case”12 in September
2012, when the publicity resulting from the political control exercised
by the opposition in the national Parliament influenced the voters, who
took to the streets throughout the country in one of the most expressive
demonstrations in the post 25 April 1974, which made a decisive con-
tribution to the government’s relinquishment of its proposal. This is a
consequence of the exercise of the executive control that must be taken
into account.
was four months away from the end of his term of office, which pre-
sented a double constitutional limitation to the dissolution of the
Parliament. President Cavaco Silva appointed the PS leader, accompa-
nied by a statement at the inauguration of the PS government, where he
recalled that “the President of the Republic does not have the power to
dissolve Parliament and to call new elections” (Speech at the inaugura-
tion of the 21st Government on 26 November 2015) and expressed its
disagreement as to the solution.
We do not know what the decision of President Cavaco Silva would
have been if there had been no double constitutional impediment to the
dissolution of Parliament (see Freire and Santana-Pereira in Pinto and
Rapaz 2018: 242–243; Feijó 2016), and indeed that is not our focus.
In this context, what must be pointed out here is the preponderance of
the parliament vis-a-vis the president in resolving the crisis, revisiting the
weak role in the process of government formation that is attributed to him
by Cheibub, Martin and Rasch (see Fernandes and Jalali in Pinto and
Rapaz 2018).
It should be noted that this has not always been the case, since, even
in the face of the existence of parliamentary majorities in support of new
government solutions, in 1982 President Eanes refused to appoint Vitor
Crespo after Balsemão resigned; in 1987, President Soares refused to
nominate Vitor Constâncio after the fall (approval of a censure motion)
of Cavaco Silva’s minority government(1987); and in 2004, President
Sampaio17 dissolved the parliament invoking the Government’s lack of
credibility and the inability to face the crisis (Address to the Country, 10
December 2004). These facts show that having the support of the par-
liamentary majority is not enough for a Prime Minister to be nominated
(Feijó 2016) or to remain in office. A contribution, undoubtedly, to
deepen the research on the significant variation of the role of the presi-
dent in the Portuguese semi-presidential system (see Freire and Santana-
Pereira in Pinto and Rapaz 2018: 218).
the PEV (party that forms an electoral coalition with the PCP) have been
part of, or supported constitutional governments. The expression “arch
of governance” has entered the Portuguese political lexicon to create a
separation between available parties and unavailable parties to exercise
or support governance. On 3 December 2015, this arch of governance
began to include all parliamentary political forces, making Portuguese
democracy even more consensual, as Lijphart typified in his seminal
study where he analysed 36 models of democracies (1999). Whether due
to ideological choice (see Secretary of State for Parliamentary Affairs,
Público, 15 February 2018), mere parliamentary arithmetic (see article
by Mariana Mortágua, Público, 17 February 2018), or to the political
survival of the PS leadership (see Ana Sá Lopes, Sol, 28 April 2018),
the truth is that the four political parties had two points in common: to
remove Passos Coelho from government and to restore the incomes of
the Portuguese.
Regardless of other analyses of the real motivations that led to this
solution, it is clear that the consequences of the crisis played a part in the
integration of the PCP, the BE and the PEV in the area of governance.
For the first time, the parties of the left reached an understanding and,
through the bilateral agreements parties made with the PS, called “politi-
cal positions”, it was possible to form a PS government with the majority
parliamentary support from the left.
It should be noted that from 1976 to 2015, agreements between
political parties translated into pre-election or post-election government
coalitions. In this context, the government was, in practice, the place
for majority decisions, since party leaders were the government leaders
(examples of this century: Durão Barroso-Paulo Portas; Passos Coelho-
Paulo Portas). In this legislature, the place where decisions are made
is the Parliament and no longer the government, the Secretary of State
of the Parliamentary Affairs (diverse public declarations) acting as a axis
of the executive in the relation with the parliamentary parties of the con-
traption (“Geringonça”).19
The Portuguese Parliament has always gained political importance
when there is no government (single-party or coalition) with an abso-
lute majority. What is new in the Portuguese (semi-presidential) system
of government is that the place for negotiations is Parliament itself.
It is too early to extract all the consequences of this political option,
known as contraption (“Geringonça”), in the Portuguese political sys-
tem, electoral system and party system. The 2019 legislative elections,
6 THE CENTRALITY OF THE PORTUGUESE … 115
Notes
1. In 2007, the Portuguese Parliament drew up, approved and started imple-
menting the reform of its functions, organisation and functioning.
2. This study aimed to analyse the effects of the 2007 Reform on the politi-
cal control function in the period 2007–2014. For comparison purposes,
an earlier period with the same number of legislative sessions (2000–
2007) was considered.
3. Although the Portuguese government system is semi-presidential, the
President of the Republic (Head of State) has no executive power, so the
Government-Assembly relationship is closer to fused powers parliaments
than to separation powers congresses.
4. The available data of the Decrees-Law are organised by calendar year.
5. Designation of the three institutions that signed the MoU with Portugal
(PS Government, PSD and CDS-PP): European Commission (EC),
European Central Bank (ECB) and International Monetary Fund (IMF).
6. The PEV was not part of the Committee because its Parliamentary Group
had only two MPs.
7. Report adopted unanimously on 25 September.
8. Member of the Government responsible for coordinating the
Memorandum Follow-up Structure (ESAME).
9. The Troika travelled to Portugal every three months to evaluate the
implementation of the measures contained in the Memorandum of
Understanding. In each of these evaluations, they met with Parliament,
the Government and the PS (the main opposition party that included the
government that signed the request for financial assistance), maintaining
116 A. J. SEGURO
contacts with the Presidency of the Republic and with other major players
in national political life, namely the Confederations of Employers and the
Trade Unions.
10. Excerpts from the political positions expressed by the Parliamentary
Groups and contained in the Final Activity Report of the Committee
for the Follow-up of the Enforcement of Measures of the Financial
Assistance Programme to Portugal.
11. In Portugal, since 1976 there have been four motions that led to the resig-
nation of the government: rejection of a motion of confidence (1976);
rejection of the government’s programme (1978); approval of a censure
motion (1987); and rejection of the government’s programme (2015).
12. Taxa Social Única—Single Social Tax—Contribution for Social Security
for Workers (11%) and companies (23.75%) on the workers’ salary. In
September 2012, the PSD/CDS-PP government announced that it
would increase the workers’ contribution to 18% and lower the compa-
nies’ contribution to 18%.
13. Since 1983, the year of its first judgement, the Constitutional Court has
examined 15 requests for successive abstract scrutiny of State Budget
laws, on the MPs’ initiative. Nine of these requests occurred during the
PSD/CDS-PP government mandate (June 2011–November 2015).
14. With the exception of single-party governments with an absolute majority,
there was only one minority single-party government (1995–1999) and
one coalition government with an absolute majority (2011–2015) whose
terms of office lasted until the end.
15. Pre-electoral coalition composed of the PSD, CDS and the People’s
Monarchist Party (PPM).
16. In this case, the exercise of political control produced political responsi-
bility, which in the two conceptions of the exercise of executive control
mentioned earlier, there is a consensus that we are in the presence of the
exercise of political control, not just activism without consequence.
17. In July 2004, President Sampaio agreed to appoint Santana Lopes (indi-
cated by the PSD/CDS-PP parliamentary majority) to replace Durão
Barroso, who resigned to take up the post of President of the European
Commission. In this case, what weighed the most to inform the
President’s decision was the condition that Barroso had imposed on him:
to accept the position in Brussels (considered to be of national interest)
if the parliament was not dissolved. Five months later, President Sampaio
dissolved the parliament, invoking the need for the regular functioning
of the institutions, a basis for the resignation of the government (Article
133 (g) of the CRP), but not for the dissolution of the Assembly of the
Republic. This provoked a controversy over the constitutionality of his
act. The situation was only remedied with the victory of the PS by an
absolute majority, which politically legitimised the President’s decision.
6 THE CENTRALITY OF THE PORTUGUESE … 117
18. In 1978 the CDS still did not use the designation CDS-PP. The alteration
of the party’s name took place in the 11th (Extraordinary) Congress in
January 1993, on occasion of its doctrinal renewal.
19. “Contraption” means “improvised or poorly built thing or construc-
tion” and “device or mechanism of complex construction”. In political
and communicational terms, it designates the new governance formula in
Portugal: PS government (86 MPs) with parliamentary support from the
BE (19 MPs), the PCP (15 MPs) and the PEV (2 MPs). The Portuguese
Parliament is composed of 230 Members.
References
Araújo, A., & Magalhães, P. C. (2000). A justiça constitucional: uma instituição
contra as maiorias? Análise Social, XXXV(154–155), 207–246.
Cotta, M. (1983). Parlamento. In N. Brasília, N. Matteuci, & G. Pasquino
(Eds.), Dicionário de Política (5.a edição, Vol. 2, pp. 877–888). Brasilia:
Editora Universidade de Brasília.
Cotta, M. (1996). Parlamentos y Representacion. In G. Pasquino, S. Bartolini,
M. Cotta, L. Morlino, & A. Panebianco (Eds.), Manual de Ciência Política
(pp. 265–310). Bologna: Alianza Editorial.
Crick, B. (1990). The Reform of Parliament In P. Norton (Ed.), Legislateurs.
Oxford: Oxford University Press.
Feijó, R. (2016). A New Configuration for Portuguese Semi-presidentialism? In
the blog “Presidential Power”. https://presidential-power.com/?p=5190.
Filipe, A. (2009). The 2007 Reform of the Portuguese Parliament: What Has
Really Changed? The Journal of Legislative Studies, 15(1): 1–9.
Freire, A. (Org.). (2015). O futuro da representação política democrática. Lisboa:
Nova Vega.
Freire, A., Araújo, A., Leston-Bandeira, C., Lobo, M. C., & Magalhães P.
(2002). O Parlamento Português: uma reforma necessária. Lisbon: Imprensa
de Ciências Sociais, Assembleia da República and Instituto Amaro da Costa.
Kreppel. A. (2009). Executive-Legislative Relations and Legislative Agenda
Setting in Italy: From Leggine to Decreti and Deleghe. Bulletin of Italian
Politics, 1(2), 183–209.
Kreppel, A. (2014). Legislateurs. In D. Caramani (Ed.), Comparative Politics
(pp. 113–130). Oxford: Oxford University Press.
Leston-Bandeira, C. (1995, January–March). Controlo parlamentar na
Assembleia da República: a transladação de poder da IV para a V legislatura.
Legislação (12), 121–151.
Leston-Bandeira, C. (1996). O impacto das maiorias absolutas na actividade e na
imagem do Parlamento Português. Análise Social, XXXI, 135 (1), 151–181.
Leston-Bandeira, C. (2002). Da legislação à legitimação: o papel do Parlamento
Português. Lisbon: Imprensa de Ciências Sociais.
118 A. J. SEGURO
Other Documents
Archives of the Presidency of the Republic. http://jorgesampaio.arquivo.pres-
idencia.pt/pt/main.html, http://anibalcavacosilva.arquivo.presidencia.
pt/?idc=21&idi=98314, http://anibalcavacosilva.arquivo.presidencia.
pt/?idc=21&idi=97250.
6 THE CENTRALITY OF THE PORTUGUESE … 119
Press Online
Bruno Stagno. (2018). Visão Magazine, 19 April. http://visao.sapo.pt/actual-
idade/portugal/2018-04-19-Venceu-a-crise-sem-rejeitar-a-democracia.-Os-
elogios-da-Human-Rights-Watch-a-Portugal.
Lopes, A. (2018). Sol Newspaper. https://sol.sapo.pt/artigo/609976/
vem-ai-o-congresso-centrista-do-ps.
Mortágua, M. (2018). Público Newspaper, 17 February. https://www.
publico.pt/2018/02/17/politica/opiniao/o-desafio-de-pedro-nuno-
santos-ao-ps-1803433.
State Secretary for Parliamentary Affairs. (2018). Público Newspaper, 15 February.
https://www.publico.pt/2018/02/15/politica/opiniao/os-desafios-da-
socialdemocacia-1803119.
CHAPTER 7
Teresa Violante
Introduction
The Portuguese Constitutional Court (PCC or CC) was established in
1983, following a constitutional transitional period which experienced
the first working system of judicial constitutional review. It has been an
episodically contested institution not so much because of its counter-
majoritarianism but due to other factors related, on one hand, to legal
history and, on the other, to the adjudicative role of the Court on the
separation of powers between the Republic and the autonomous regions.
According to the literature, the Court’s countermajoritarianism has been
low or rather insignificant from a comparative perspective. This means
that the judicial potential to influence the political action—by invali-
dating the legislature’s options—has not been a systematic feature of
The research leading to this chapter has been funded by the German Research
Foundation/Deutsche Forschungsgemeinschaft (DFG) in the framework of
the Emmy-Noether-Project on “Transnational Solidarity Conflicts” at Goethe-
Universität Frankfurt.
T. Violante (*)
Goethe-Universität Frankfurt, Frankfurt, Germany
the Court’s action. Furthermore, the Court has developed tools aimed
at reducing said influence (namely by deferring to later moments the
unconstitutionality rulings, when a different political majority is in
power). This traditional equilibrium was shaken during the financial cri-
sis period when the Court delivered severe drawbacks to austerity poli-
tics over a short period of time (particularly, between 2012 and 2014).
From an episodically contested institution, the Court became the centre
of political controversy, with several politicians and scholars pointing to
its “unauthorized activism” and claiming measures to restrict the court’s
review powers, particularly regarding budgetary or economic policies.
This chapter addresses this fundamental change in the legal and polit-
ical discourse and its potential consequences for the Court’s jurisdic-
tion and independence. Such change can be framed as an empowerment
of the PCC during the financial crisis as an effect of a rearticulation of
traditional Portuguese countermajoritarianism against the backdrop
of the crisis. As some authors have put it, the Court’s “activism” dur-
ing the austerity period can be regarded as an exercise of national sov-
ereignty against the demands of international creditors at a time when
the remaining political institutions have their bargaining power con-
strained by strong financial needs. Such empowerment, although reason-
ably foreseen when we look at examples provided by other jurisdictions,
was neglected by the legislature on the first moment. In fact, although
the “constitutional debate” (as the need to update the constitutional
text in light of challenges posed by globalisation and the new demo-
graphic trends) was vividly waved by the political opposition in 2009 and
2010, it was dropped as soon as the financial crisis took over the political
debate and the possibility of an international bailout materialised.
My analysis is not normative, and I do not join the prolific debate on the
Court’s legitimacy (or lack of it) to curb austerity policies and legislation.
The debate regarding the legitimacy of the Court’s case law is only relevant
inasmuch as it provides an extension of the conflict between the two
branches of power—the legal epistemic community was divided into two
opposing factions, between the critics of the Court and the supporters or
allies of the bold case law. I refer to countermajoritarianism as a descriptive
concept that encompasses the power that constitutional courts hold to influ-
ence the due course of politics by invalidating the normative production of
the legislature. If a system entails a constitutional court, then there is always a
“constitutional risk”, that alludes to the theoretical possibility of a represent-
ative government having its legislation struck down by the judicial rulings.
7 THE PORTUGUESE CONSTITUTIONAL COURT AND ITS … 123
In the first part, I provide a brief description of the CC, its institu-
tional design and traditional role in the political system. The second part
deals with the constitutional impact of austerity politics, including the
CC’s assessment, and the negative and intense reactions it sparked both
on national and international political institutions. It also addresses the
political negligence, on a first moment, of the potential obstacles pre-
sented by constitutional justice to the financial adjustment demands.
The third part explores lessons provided by other countries where con-
stitutional courts have raised obstacles to public policies aimed at deal-
ing with economic and financial crises. These lessons, together with the
institutional role of the CC, point to the fact that political negligence of
the “constitutional risk” was unjustified. Finally, I conclude that the crisis
provided the opportunity for a realignment of the equilibrium between
constitutional adjudication and the legislature. This realignment may
not only spark the risk of future political attempts to restrict the Court’s
power but also the protecting shield that comes from an enhanced social
support of the judicial protection of fundamental rights.
institutional realities. Once bought, the dog will bite”.7 One institu-
tional consequence of entrenching a constitutional court is the possi-
bility that it will take seriously its role as guardian of the constitution
and will occasionally deliver decisions that will reflect at the political
level. Constitutional courts in well-functioning democracies—even
where models of weak-judicial review are in place—influence the course
of politics. How often, when and why they do so depends on multiple
factors, including the institutional and procedural framework in which
courts operate.
Through an empirical analysis of the CC’s decisions delivered on
abstract control requested by political actors between 1983 and 1998,
Araújo and Magalhães (2000) concluded that constitutional justice in
Portugal did not present a significant countermajoritarian issue. Even
though the Court might occasionally act as a countermajoritarian institu-
tion, it did not entail the risks of judicialisation of politics.8 Among other
aspects, the authors observed that political litigants tend to challenge
more legislation enacted by “contemporary majorities” and that in these
cases the Court has allegedly been tempted to delay the adjudication to
later political cycles to prevent an open confrontation with the political
branches.9 Another empirical study on abstract review rulings delivered
between 1983 and 2008 concluded that in 59% of the challenges the
Court ruled for the partial or total unconstitutionality.10
Despite the different studies and methodologies adopted, there was
no significant political contestation of constitutional case law until the
crisis’ period. This does not mean, of course, that the Court has not peri-
odically exercised its powers and interfered with the political action.
Social awareness of the CC has been traditionally low (Araújo and
Magalhães, 2000: 207). Furthermore, the existence of a constitutional
court has been episodically questioned in Portugal, although not in rela-
tion to its alleged activism towards the national legislature: first, because
some regional politicians tend to view the Court as an obstacle to their
political aspirations; second, due to the singularity of the Portuguese
model of judicial review of legislation. The constitutional revision of
1971 specifically introduced the possibility of centralising the power of
judicial review in the Supreme Court of Justice (an organ entailed in
the judicial hierarchy whose members are not appointed by the politi-
cal branches). It is possible that the traditional option of awarding the
power of judicial review to ordinary courts, with the possibility of cen-
tralising abstract control in the Supreme Court of Justice, has blurred
126 T. VIOLANTE
the theoretical divide underlying the option for a dedicated (and auton-
omous) constitutional court. Legal history, on one hand, and regionali-
sation issues, on the other, explain the episodic debates concerning the
possible extinction of the CC and concentration of judicial review in a
special chamber of the Supreme Court of Justice. The last episode of
such debates was held in 2012, during the appointment process of new
members to the Court (and before the first judicial striking of austerity
legislation).
red line that the legislature should not cross if further veto rulings were
to be prevented.
A few months later, the Court analysed several provisions of the
Budget Law for 2013 at the request of the President of the Republic, the
Ombudsman and some MPs. Decision 187/2013 ruled further pay cuts
on public workers unconstitutional as well as a contribution imposed on
sickness and unemployment benefits for breach of the principle of equal-
ity. However, several other austerity policies were allowed such as the
renewal of the 2011 pay cuts threshold, the reduction of overtime pay
for public workers, cuts on pensions and a varied increase in income tax-
ation. The decision on the Budget Law for 2013 was at the basis of the
Finance Minister Vítor Gaspar’s resignation which created a political cri-
sis inside the ruling coalition. It was reported that the then Head of the
IMF Mission said that if a second bailout was ever at risk the country
would seriously need to consider a constitutional amendment.18
Legal safeguards were formally included in the MoU from the sev-
enth to the eighth and ninth updates19 with the aim of mitigating “legal
risks from future potential Constitutional Court rulings”. Accordingly,
the Government committed to the following: (i) designing expenditure
reforms with the principle of public/private sector and intergenerational
equity in mind; (ii) addressing the sustainability of social security sys-
tems: (iii) justifying austerity measures on compliance with the fiscal sus-
tainability rules enshrined in the European Fiscal Compact; (iv) relying
on general laws instead of one-year budget laws in order to allow the
possibility of prior constitutional review thus permitting early reaction in
case of unconstitutionality rulings.20 This means that the concern with
the constitutional risk finally materialised when the assistance programme
suffered its first financial impact caused by a CC’s ruling. From that day
onwards, legislation would be grounded in accordance with the new
MoU guidelines and the Government joined all the litigation near the
Court with documentation aimed at upholding the constitutional validity
of austerity legislation.21
Later that same year, following a request from the President of the
Republic, the Court rejected a bill that would have introduced a new
framework for dismissing public workers for violations of the principle of
proportionality and legitimate expectations.22 It also struck down several
amendments to the Labor Code regarding withdrawal of previous collec-
tive agreements on compensatory rest for overtime work and causes for
dismissal of private workers (for respectively breaching the fundamental
7 THE PORTUGUESE CONSTITUTIONAL COURT AND ITS … 129
the request review that was at the basis of the first unconstitutionality
ruling). The three candidates were not shy to say that, even under such
circumstances, the constitutional rules and principles should be fully
enforced and rejected any restriction of the Court’s enforcing powers
due to the crisis context. The two candidates appointed by the center-
right coalition voted later for the unconstitutionality of some austerity
measures.42 As Coroado, Garoupa and Magalhães wrote, “parties, in
their role of judicial appointers, should not select appointees at random,
but rather according to their policy preferences” (2017: 23).
The nature of the crisis and the challenges raised on the constitutional
system might have also contributed to the belief that the Constitution
would not jeopardise the implementation of fiscal retrenchment pol-
icies. The economic and financial crisis was part of a systemic crisis
that affected not only the remaining Eurozone countries but also the
European Union as a whole. The problems therein were not limited to
Portugal. Under such circumstances, domestic legal orders and, particu-
larly, constitutional courts “are under tremendous pressure to give green
light to the (…) unusual, and sometimes extraconstitutional, measures
that are necessary to remedy the apparent dangers”.43
However, information on how constitutional courts can act in times
of economic crises, on one hand, and knowledge of previous counterma-
joritarianism of the CC, should have advised the newly elected majority
to pay more attention to the “constitutional risk” presented to the bail-
out programme.
Conclusions
With the austerity case law, the Portuguese CC affirmed its counterma-
joritarian power, not shying away when national and international polit-
ical pressures were voiced. The austerity case law brought the Court
under a (strengthened) public light. Although there is no updated data
concerning the social support of the Court, there are good reasons to
assume that if research was conducted today, results would be substan-
tially different. In several of the large social demonstrations held during
the crisis period, there were signs of appraisal of the Court and its rul-
ings. The role of the judges, as the ultimate guardians of fundamental
rights, was certainly strengthened. In fact, “in more or less democratic
states [courts] are unlikely to be able to govern without popular support
even as much as other parts of government could” (Shapiro 1998: 8). If
this holds true, then the austerity case law is grounded on strong pub-
lic support—proportional to the size of the conflict it sparked between
138 T. VIOLANTE
the legislature and the Court. It is difficult to envisage, under such cir-
cumstances, the theoretical possibility of abolishing an institution that
is socially taken as the guarantor of the people’s fundamental rights.
However, this does not mean that there are no institutional lessons to
be taken. The CC has brought upon itself the fame of biting whenever,
according to the judges’ interpretation, upholding the Constitution so
requires even in cases where international and EU commitments might
recommend otherwise. The more recent Hungarian example shows us
that constitutional courts that bite can be politically muzzled and that
economic crisis combined with political supermajorities pose serious risks
to the rule of law and the independence of courts (Szente 2013).
In times of economic crisis, courts committed to the protection of
fundamental rights and constitutional principles may endure the task suc-
cessfully. However, judicial independence can come at a price providing
that the institutional and contextual factors meet accordingly. By having
successfully proven its countermajoritarian courage, both nationally and
internationally, the Portuguese CC has cast upon itself the virtue but also
the shadow of independence. It has signalled that it can be a liability to
economic and financial adjustments that the country may require in the
future. At the same time, the Court strengthened its social support as it
stood out as the prime guardian of fundamental rights and the protector
of some of the most vulnerable individuals such as pensioners and social
beneficiaries. That may be its main shield of protection should the future
bring it again to the centre of the political arena.
Notes
1. Galvão Teles (1971).
2. Control of unconstitutionality by legislative omission has become irrele-
vant due to the lack of requests.
3. See Araújo and Magalhães (2000: 216).
4. These expressions are used by Araújo and Magalhães (2000).
5. See Articles 278(1)(2)(4), 281(2) and 283 CPR.
6. The CC only reviews statutes and other legal and normative provisions. It
does not hold the power to review the constitutionality of any other acts
of public power.
7. Shapiro (1998: 26–27).
8. Stone Sweet (1999).
7 THE PORTUGUESE CONSTITUTIONAL COURT AND ITS … 139
9. Although officials from the Court have expressly rejected any possibility
of judicial manipulation on this matter, claiming that the slowness of the
Court, where it is found, is due to the growth of its activity. See Santos
(2011: 91). The enlargement of the CC’s competences and the dangers
that is presents to the constitutional review of legislation has been repeat-
edly voiced by subsequent officials. On this topic, see Amaral (2012).
10. These figures do not distinguish between challenges made by political and
legal litigants. See Santos (2011: 128–129).
11. See Decisions 11/83, 66/84 and 141/85. The CC’s decisions are avail-
able online at http://www.tribunalconstitucional.pt/tc/acordaos/. The
English version of the website provides extended summaries of the case
law on austerity legislation enacted after the Great Recession. In this
chapter, I only consider case law enacted on abstract review, both a priori
(preventive) or ex-post (successive) cases because decisions delivered by
the CC on concrete control lack a direct impact upon the legislature and
the political process.
12. These decisions were met with intense criticism by the media and several
political actors, as Araújo and Magalhães (2000: 226–227) report.
13. Initiated by Council Decision No. 2010/288/EU of 19 January 2010.
14. I follow the case selection adopted by Canotilho et al. (2015) and
included two rulings delivered after that article was published (Decisions
576/2015 and 3/2016).
15. Decision 399/2010.
16. Decision 396/2011, requested by a group of parliamentarians.
17. Decision 353/2012.
18. h ttps://www.publico.pt/2015/03/05/politica/noticia/chefe-de-
missao-do-fmi-pediu-revisao-constitucional-para-renovar-memo-
rando-1688164.
19. Respectively, June and November 2013.
20. See paragraphs 9 and 7 of the seventh and eighth and ninth revised ver-
sions of the MoU.
21. In Portugal, legislative power is shared between the Government and the
Parliament in accordance with the Constitution. The reviewed austerity
legislation was formally enacted by the latter although based on propos-
als of the former. However, in the judicial proceedings, only the formal
author is expressly invited to provide arguments favouring the validity of
the contested legislation. Although the Portuguese procedural constitu-
tional law does not allow amicus curiae briefings, the Government was
able to join the austerity litigation with “technical notes”. The first time it
did so was on the review of Budget Law for 2013.
22. Decision 474/2013.
140 T. VIOLANTE
23. Decision 602/2013.
24. Decision 794/2013 also following a request of a group of MPs.
25. Decision 862/2013.
26. Decision 413/2014.
27. Due to the new design of the European Monetary Union adopted after
the outburst of the crisis. It comprises tighter budgetary constraints, new
instruments of financial stabilisation and a clear mandate for economic
adjustment at the domestic level. For an overview of what these three
components imply in terms of furthering obligations for Member States
and reinforced powers of the EU institutions, see Fabbrini (2014) and
Hinarejos (2015).
28. Respectively, Decisions 574/2014 and 575/2014 that followed preven-
tive requests from the President of the Republic. Following the “Legal
Safeguards” that were included in the MoU, the Government specif-
ically requested the President to initiate a priori reviews on the two
bills in order to reach a swift clarification regarding their constitutional
admissibility.
29. h ttps://obser vador.pt/2014/08/15/passos-desafia-ps-negociar-
nova-reforma-da-seguranca-social/.
30. Decision 576/2015.
31. Decision 3/2016.
32. On the critics’ side see Nogueira de Brito (2014), Almeida Ribeiro and
Pereira Coutinho (2014) and Maduro et al. (2017). For a counter-
critique see Novais (2014), Blanco de Morais (2014), and Canotilho
(2018).
33. See the dissenting votes of Maria Lúcia Amaral on Decisions 353/2012,
413/2014, 574 and 575/2014. See also the dissenting vote of Pedro
Machete on Decision 187/2013 and the joint dissenting vote to that
same ruling signed by Vítor Gomes, Maria Lúcia Amaral, Pedro Machete,
José Cunha Barbosa and Maria João Antunes.
34. h ttps://www.tsf.pt/economia/interior/fmi-inconstitucionali-
dade-do-corte-nos-subsidios-foi-uma-surpresa-2670699.html.
35. h ttps://www.tsf.pt/portugal/politica/interior/pires-de-lima-portu-
gal-comeca-a-ser-um-pais-altamente-desaconselhavel-2652307.html.
36. https://www.ft.com/content/884f61d2-3bfb-11e3-b85f-00144feab7de.
37. http://www.jornaldenegocios.pt/economia/politica/detalhe/barroso-te-
mos-o-caldo-entornado-se-houver-instabilidade-e-falta-de-responsabili-
dade.
38. http://www.tsf.pt/storage/ng2823480.pdf.
39. In the case of preventive requests, the Constitution specifically pro-
vides for a maximum time frame of 25 days for the Court to deliver its
7 THE PORTUGUESE CONSTITUTIONAL COURT AND ITS … 141
References
Almeida Ribeiro, G. d., & Pereira Coutinho, L. (Eds.) (2014). O Tribunal
Constitucional e a Crise: Ensaios Críticos. Coimbra: Almedina.
Amaral, M. L. (2012). Competências complementares do Tribunal Constitucional
português. In Estudos em Homenagem ao Prof. Doutor José Joaquim Gomes
Canotilho (Vol. II, pp. 43–55). Coimbra: Coimbra Editora.
Araújo, A., and Magalhães, P. (2000). A justiça constitucional: uma instituição
contra as maiorias? Análise Social XXXV(154–155), 207–246.
Balodis, R., and Pleps, J. (2013). Financial Crisis and the Constitution in
Latvia. In X. Contiades (Ed.), Constitutions in the Global Financial Crisis. A
Comparative Analysis. Farnham: Ashgate.
Blanco de Morais, C. (2014). Curso de Direito Constitucional—Teoria da
Constituição em tempo de crise do Estado social. Coimbra: Coimbra Editora.
Canotilho, M. (2018). Constitutional Law and Crisis: The Portuguese
Constitutional Court under pressure? In Z. Szente & F. Gárdos-Orosz (Eds.).
New Challenges to Constitutional Adjudication in Europe—A Comparative
Perspective (pp. 144–163). London: Routledge.
Canotilho, M., Violante, T., & Lanceiro, R. (2015). Austerity Measures Under
Judicial Scrutiny: The Portuguese Constitutional Case Law. European
Constitutional Law Review, 11, 155–183.
Cappelletti, M. (1980). The Mighty Problem of Judicial Review and the
Contribution of Comparative Analysis. Southern California Law Review 53,
409–445.
Cisotta, R. and Gallo, D. (2014). The Portuguese Constitutional Court
Case Law on Austerity Measures: A Reappraisal. In C. Kilpatrick & B. de
Witte (Eds.), Social Rights in Times of Crisis in the Eurozone: The Role of
Fundamental Rights’ Challenges (EUI Working Papers, 2014/05). At http://
cadmus.eui.eu/handle/1814/31247.
Contiades, X. (Ed.). (2013). Constitutions in the Global Financial Crisis. A
Comparative Analysis. Farnham: Ashgate.
Contiades, X., & Tassopoulos, I. A. (2013). The Impact of the Financial Crisis
on the Greek Constitution. In X. Contiades (Ed.), Constitutions in the Global
Financial Crisis. A Comparative Analysis. Farnham: Ashgate.
Coroado, S., Garoupa, N., & Magalhães, P. (2017). Judicial Behavior Under
Austerity. An Empirical Analysis of Behavioral Changes in the Portuguese
Constitutional Court, 2002–2016. Journal of Law and Courts, Fall, 2017,
289–311.
Fabbrini, F. (2014). The Euro-Crisis and the Courts: Judicial Review and the
Political Process in Comparative Perspective. Berkeley Jounral of International
Law Publicist (online) 32(1), 101–160.
Faraguna, P. (2016). The Economic Crisis as a Threat to the Stability of Law.
Recent Developments in the Case Law of the Italian Constitutional Court.
Hague Journal on the Rule of Law, 8, 249–270.
7 THE PORTUGUESE CONSTITUTIONAL COURT AND ITS … 143
Marco Lisi
Introduction
The thesis of the decline of parties in contemporary societies is well-
known: parties are unable to perform their functions of legitimation
and participation due to being increasingly more distant from civil
society. For this reason, there is growing tension between parties as
actors responsible for governance and as agents of representation
(Mair 2009). According to Ignazi (2017), parties responded to the
crisis of legitimacy in particular through organisational transforma-
tions in terms of their increased opening of decision-making processes
and the stronger accountability of the leadership. A number of authors
have identified a trend towards greater democratisation, in particular
through greater inclusivity in selection of party candidates and leaders,
as well as in the introduction of mechanisms of direct democracy and
the stronger intervention of members in the definition of political lines
(Scarrow et al. 2000; Krouwel 2012; Cross and Katz 2013).
M. Lisi (*)
Department of Political Studies, Nova University of Lisbon,
Lisbon, Portugal
e-mail: mlisi@fcsh.unl.pt
The analysis of the Portuguese case considers the main parties that
have gained parliamentary representation over the last two decades.
Therefore, our focus is on the two bigger parties, the Socialist Party
(PS, Partido Socialista) and the Social Democratic Party (PSD, Partido
Social Democrata), the conservative Popular Party-Social and Democratic
Center (CDS-PP, Centro Democrático Social-Partido Popular), and
the two far left parties, namely the Portuguese Communist Party
(PCP, Partido Comunista Português) and the Left Bloc (BE, Bloco de
Esquerda).1
The chapter is structured as follows. The next section discusses the
evolution of the party on the ground. Section three examines the main
changes experienced by the party in central office, while section four
analyses how the crisis has influenced the party in public office. In the
final section, we summarise the main results and discuss their implica-
tions for party change.
60 57
52
50
50
44
40
40
35
32 31
30 26
23
20 17 18 18
15
13
10
10 6 6 5
3
0
2002 2005 2009 2011 2015
problems arise in the ethics of the party elites, above all regarding the
shift from party positions to top jobs in public (or public–private) enter-
prises and in public administration appointments in general (Jalali et al.
2012; Coelho 2014).
Two key dimensions of the party central office that have recently
experienced important reforms are the elaboration of electoral manifestos
and the selection of party leadership (Gauja 2016; Pilet and Cross 2014).
We briefly examine how Portuguese parties develop these functions and
the changes experienced since the onset of the European crisis.
Political parties play a crucial role in articulating interests from civil
society. Over the last decades party has tried to open to the contribution
of citizens in order to innovate policy platforms. The clearest example
of this phenomenon took place with the PS’ General Estates organ-
ised during Guterres leadership (1992–2001) and systematically rea-
dopted—although under new labels and modalities—by subsequent
leaders. Right-wing parties also decided to implement similar events in
the attempt to strengthen their social legitimacy. This is a practice that
is more related to the move of the party to opposition or the election of
a new leader than to a regular trend towards greater intraparty democ-
racy or openness to civil society. The analysis of the crisis period con-
firms these findings. António José Seguro, the socialist leader elected in
2011, inaugurated the LIPP (Laboratory of Political Ideas for Portugal),
which was organised in dozens of thematic panels with the aim to mobi-
lise experts and independents through bottom-up mechanisms in order
to elaborate innovative policies. The same happened to the PSD in 2018
after the election of a new party leader. Rui Rio decided to create the
National Strategic Council, a new consultative body that aims to draft
the main policies to be included in the election manifesto. This structure
includes party members or sympathisers, mostly experts or professionals
working in specific areas.
This ‘outsourcing’ exercise in order to define programmatic orienta-
tions has rarely brought relevant policy innovations, with limited effects
also in terms of the mobilisation of new sectors of Portuguese society. If
these events had some effects, this took place mostly in terms of visibil-
ity and leaders’ popularity, as well as for co-opting ‘notables’ from civil
society, whose expertise and networking are crucial assets when achiev-
ing government positions. Despite the attempt to open these procedures,
party organisations have replicated close and oligarchic modes of deci-
sion-making over the last decades.
8 NEW CHALLENGES, OLD PARTIES: PARTY CHANGE IN PORTUGAL … 153
50
45
40
35
30
25
20
15
10
0
BE CDS-PP PS PSD
modify the timing, i.e. holding party leadership elections during or after
the congress in order to revitalise intra-party discussion.4
It is worth mentioning here the case of the BE, whose statutes do
not recognise the figure of party leader. As other left-libertarian par-
ties, it is the absence of the figure of leader and the adoption of collegial
and informal type of leadership, with particular emphasis on horizontal
bonds, that most distinguishes the BE from the remaining parties. Yet,
Francisco Louçã played de facto such a role as coordinator between
1999 and 2012 (Lisi 2015). Following Louçã’s voluntary resignation
in 2012, the main party bodies selected two speakers, one man and one
woman, both members of the secretariat. Yet, the failure of this solution
led the party to concentrate more visibility and powers in the spokesper-
son (Catarina Martins), with the role of de facto leader, even if formally
the leadership is still collegial and it is based on a permanent commission
composed of six members representatives of the distinct internal factions.
8 NEW CHALLENGES, OLD PARTIES: PARTY CHANGE IN PORTUGAL … 155
Overall, also in this case electoral pressures have been the main source
of change, and the crisis had only an indirect effect, mostly through the
growing internal factionalism associated to divergences about the elec-
toral strategy and policy positions.
The change in party leadership selection has been limited to main-
stream parties. However, it has reinforced the tendencies of personali-
sation within parties and the growing mediatisation, attempting to fill
the vacant space of territorial loyalties and political sub-cultures. Even in
this dimension, the crisis has not spurred significant changes. Despite the
emergence of new forms of mobilisation and the ‘disintermediation’ of
society, parties have not innovated in the way they coordinate the dif-
ferent functions and faces of party organisations, nor in the way their
bureaucracy works.
the new party leader elected in 2018, whose strategy focuses primarily in
the elaboration of policy proposals and the efficacy in communicating its
message to the electorate.
Several authors have argued that party organisations in third wave
democracies place more emphasis on the winning of office, the exploita-
tion of state resources and the cartelisation of government than on the
mobilisation of members and greater inclusiveness in decision-making
processes (Mair 1997; van Biezen 2003). Research on Portuguese parties
also shows some aspects of cartelisation of mainstream parties, especially
with regard to party funding, media access and party competition (Lopes
2004; Martins 2004; Jalali 2007). Has this pattern become more evident
during the crisis period?
One important indicator of the power of the party in public office is
the control over the parliamentary arena, not only through the recruit-
ment of the parliamentary elite but also by monitoring the activity of
MPs. With the establishment of democratic regime, parties have become
central actors for the functioning of parliamentary institutions and
for the professionalisation of public office holders (Garcês 2009). The
degree of ‘partidarisation’ can be measured as the proportion of MPs
belonging to party cadres, i.e. as party bureaucrats or professional poli-
ticians. Therefore, this is an indicator of the extent to which parties are
specialised agencies for parliamentary recruitment, undermining inclu-
siveness and the autonomous participation of civil society. The percent-
age of members who did not belong to party bodies was between 75 and
80% in the first elections, but went down to around 60% between the
4th and 6th legislature (Freire 2001: 107–108). This process has con-
tinued in the most recent period with the partidarisation of MPs around
40% or less.
Cartelisation is also linked to another phenomenon that took place
in the institutional arena, namely the governmentalisation of the extra-
parliamentary party. This process emerges when the government enjoys
greater freedom of maneuver vis-à-vis the party, in particular through the
control of nominations to national party bodies and the subordination of
the party to ministers. The governmentalisation of the main party bodies
may take place through the appointment of independents to ministerial
positions, or through the ascension of ministers to key positions within
the extra-parliamentary party. In both cases, the party figures selected for
8 NEW CHALLENGES, OLD PARTIES: PARTY CHANGE IN PORTUGAL … 159
Conclusions
Portuguese parties have performed a fundamental role in the institution-
alisation of the party system and consolidation of the democratic regime.
However, party organisations revealed many weaknesses at the time of
their formation, which were to become increasingly more evident with
the process of modernisation experienced by Portuguese society. This
was clearly reflected in the inability of parties to perform the functions
of representation and participation. However, parties have also remained
the main and even only suppliers of representatives and have performed
important institutional functions.
The analysis carried out in this chapter indicates that party organisa-
tions in Portugal have remained rather immune to the impact of the Great
recession and that party change has been very limited. In some dimen-
sions, namely the party on the ground and leadership selection, the trans-
formation of Portuguese parties has deepened previous trends. On the
other hand, some innovations have taken place with regard to the party
in public office, but these were marginal or very short-lived. Moreover,
the changes of the parties were always reactive, partial and very often
instrumental to the logic of power (see also Lisi 2015). This means that,
in many cases, the transformations were merely ‘cosmetic operations’ or
instruments used by the party leadership to strengthen its own internal
power, without any significant changes in terms of intra-party functioning.
As noted in this chapter, there are also differences in the way dis-
tinct parties have adapted during the crisis. Catch-all mainstream parties
have been more sensitive to external pressures, trying to respond to the
electoral or societal challenges and to be responsive to environmental
changes. The opposite happens with the PCP, which has displayed no
change at all. This means that the ‘original model’ (Panebianco 1988) is
an important intervening variable between external shocks and the trans-
formation of political parties.
The implications of these findings are twofold. First, party organi-
sations have displayed a high degree of inertia and the party leadership
has made it difficult to implement reforms from within (Lisi 2015). As
a consequence, party change takes place mainly in presence of an elec-
toral shock, and this is even more likely when this shock is combined
with the passage from government to opposition. In other words, the
Portuguese case shows that the crisis alone is not a sufficient condition
to foster party organisational changes, but it may favour democratising
reforms indirectly when associated to a deep electoral change.
8 NEW CHALLENGES, OLD PARTIES: PARTY CHANGE IN PORTUGAL … 161
Notes
1. The BE was founded in 1999 as a left-libertarian party based on a coali-
tion between two parties and one political movement (see Lisi 2009). All
remaining parties were founded with the establishment of the democratic
regime in 1974 or before (in the case of PCP and PS).
2. According to data provided by the parties, the proportion of women in
the PS and PSD is around 36%, while in the PCP and CDS-PP it does not
exceed 30%. The BE is the party with the highest proportion (over 40%
according to data collected in 2009).
162 M. LISI
3. For more methodological and substantial details on the surveys, see Lisi
and Espírito Santo (2017).
4. In the 2018 congress, the PSD discussed the direct election through elec-
tronic voting of the party leader and the main executive party body dur-
ing the congress, but the proposal was rejected by the majority of congress
delegates.
5. For the analysis on the Portuguese case in a comparative perspective,
see the data available on the website of the Inter-Parliamentary Union
(http://www.ipu.org/english/home.htm).
6. LIVRE decided to form a coalition with the political movement Tempo de
Avançar (TdA, Time to Move Forward) in the 2015 elections.
7. See Expresso, 14 January 2017 (http://expresso.sapo.pt/politica/2017-
01-14-Socialistas-adiam-decisao-sobre-primarias).
8. See Público, 1 February 2018, p. 13.
References
Baum, M., & Espírito-Santo, A. (2012). Portugal’s Quota-Parity Law: An
Analysis of Its Adoption. West European Politics, 35(2), 319–342.
Bosco, A., & Morlino, L. (2006). What Changes in South European Parties?
A Comparative Introduction. South European Society and Politics, 11(3–4),
331–358.
Bosco, A., & Verney, S. (2017). Crisis Elections, New Contenders and
Government Formation: Breaking the Mould in Southern Europe. London:
Routledge.
Cancela, J., Dias, A. L., & Lisi, M. (2017). The Impact of Endorsements in
Intra-Party Elections: Evidence from Open Primaries in a New Portuguese
Party. Politics, 17(2), 167–183.
Chiaramonte, A., & Emanuele, V. (2017). Party System Volatility, Regeneration
and De-institutionalization in Western Europe (1945–2015). Party Politics,
23(4), 376–388.
Coelho, M. (2014). Os Partidos Políticos e o Recrutamento do Pessoal Dirigente
em Portugal. Lisbon: Europress.
Correia, S. d. A. (2017). A Evolução Da Militância Em Portugal:
Enquadramento Legal e tendências longitudinais. In M. Lisi & P. do Espírito
Santo (Eds.), Militantes e Ativismo Nos Partidos Políticos: Portugal Em
Perspetiva Comparada (pp. 29–67). Lisbon: Imprensa de Ciências Sociais.
Costa Pinto, A., & Tavares de Almeida, P. (2018). The Primacy of Experts? Non-
partisan Ministers in Portuguese Democracy. In A. Costa Pinto, M. Cotta, &
P. Tavares de Almeida (Eds.), Technocratic Ministers and Political Leadership
in European Democracies (pp. 111–138). Basingstoke: Palgrave Macmillan.
8 NEW CHALLENGES, OLD PARTIES: PARTY CHANGE IN PORTUGAL … 163
Scarrow, S. E., Webb, P., & Farrell, D. M. (2000). From Social Integration to
Electoral Contestation. In R. J. Dalton & M. Wattenberg (Eds.), Parties
Without Partisans: Political Change in Advanced Industrial Democracies.
Oxford: Oxford University Press.
Schmitter, P. C. (2001). Parties Are Not What They Once Were. In L. Diamond
& R. Gunther (Eds.), Political Parties and Democracy (pp. 67–89). Baltimore:
The Johns Hopkins University Press.
Torcal, M. (2014). The Decline of Political Trust in Spain and Portugal:
Economic Performance or Political Responsiveness? American Behavioral
Scientist, 58(12), 1542–1567.
van Biezen, I. (2003). Political Parties in New Democracies: Party Organization
in Southern and East-Central Europe. London: Palgrave Macmillan.
van Biezen, I., Mair, P., & Poguntke, T. (2012). Going, Going,…Gone? Party
Membership in the 21st Century. European Journal of Political Research,
51(1), 24–56.
CHAPTER 9
Alan Stoleroff
Portuguese trade unions and their confederations have earned key roles
within the institutional model of Portuguese democracy. These concern
primarily, but not only, the institutions involved in labour market regula-
tion, namely, collective bargaining and tripartite negotiation. Indeed, to
a certain extent, their participation in numerous procedures is imperative
and prescribed in various aspects of law.
Collective bargaining is where trade unions exercise their core func-
tion of representing workers in negotiations with employers over condi-
tions of employment, most crucially wages. Though outside the political
sphere per se, it is the basic institution of whatever “industrial democ-
racy” exists in Portugal (Stoleroff 2016). It is a necessary complement
to modern representative political democracy, grounded in—although
A. Stoleroff (*)
Lisbon University Institute (ISCTE-IUL), Lisbon, Portugal
e-mail: alan.stoleroff@iscte-iul.pt
…France is not alone in seeing an extensive, even enhanced role for the
state. While some traditional roles associated with states have been reduced
(particularly those related to economic management), it is now clear that
170 A. STOLEROFF
With regards to the role of politics and the state, the particular histor-
ical trajectory of Portugal, with its take off from the post-revolutionary,
semi-socialist political economy, resulted in divergent timings with
respect to the development of deregulation. Still, the question is not
principally of timing, but rather of the institutional paths towards con-
vergence and away from the various, established European patterns of
industrial relations towards a new European model or the liberal market
model. In general, trends, such as trade union decline, have not been
at all synchronous (Waddington and Hoffmann 2000) and have made
themselves felt in accordance with the institutional starting points in each
country (Ebbinghaus and Visser 1998; Checchi and Visser 2005), their
institutional “stickiness”—resilience or vulnerability—in the face of glo-
balised competitivity, as well as the particular contents and timings of
their internal political struggle. In this sense, as will be demonstrated,
by the time of the economic crisis of 2007–2008, the resilience of
Portugal’s industrial relations model had already been seriously compro-
mised, particularly given the previous weakening of the trade unions and
the revisions of labour legislation. But this is where the problem of the
discrepancy between form and substance comes in: while the recent crisis
did not overtly challenge the form of trade union representation within
collective bargaining, the terms of the Memorandum of Understanding
(MoU), signed with the Troika, did, however, demand a major overhaul-
ing of its operation and therefore its substance.
In addition to the corrosive effects that internationalisation has had
on the governance capacity of national-level institutions (Marginson
2016), authors, such as Baccaro and Howell (2011), have more recently
argued that neo-liberalism has, over the long term, produced institu-
tional transformations in industrial relations that have countered the
“surface resilience” of national institutions and “hollowed out” or, at
least, mitigated the formal roles earned by labour and their effectiveness,
9 TRADE UNION REPRESENTATION AND INDUSTRIAL … 171
On the one hand, there is an institutional change in both form and sub-
stance, such as with the decentralisation of collective bargaining, signi-
fying the decline in coverage of branch-wide, multi-employer collective
bargaining and the increase in specific company-level bargaining. There
may also be radical institutional disintegration, as in the extreme situa-
tion of a rise of employer unilateralism. On the other hand, existing insti-
tutions may lose efficacy, relegating the assigned, formal roles to routine
and limited effectiveness.
In the Portuguese case, European integration initiated an incremen-
tal, neo-liberal whittling away at labour regulation with the state as
the protagonist of fundamental changes in the structure of the econ-
omy. Structural reform, from 1986 on, went pretty far in transforming
the Portuguese political economy but did not succeed in satisfying the
employers goals in terms of maximising their flexibility, i.e. their discre-
tion to manage labour in accordance with their competitive strategies. It
also largely left intact the branch-level framework agreements established
in the earlier phase of industrial relations, when unions wielded greater
bargaining power and mobilising capacity. At the turn of the century,
172 A. STOLEROFF
Table 9.1 Union
Members Employees Density
density: Portugal,
1978–2015 1978 1486.8 2447 60.8
1980 1460.0 2663 54.8
1985 1225.0 2746 44.6
1990 920.0 3289 28.0
1995 800.0 3154 25.4
2000 783.0 3646 21.5
2005 804.2 3742 21.5
2010 738.7 3762 19.6
2011 694 3715 18.7
2012 665 3539 18.8
2013 – 3453 –
2014 615 3608 17
2015 600 3707 16.2
reforms with the public-sector unions and the measures led to signifi-
cant confrontation with the labour movement and, specifically, the very
important unions of the public employees (Stoleroff 2007).
Thus, by the time the major economic crisis broke out in 2007–
2008, Portugal’s labour regulation institutions, as inherited from the
phase of democratisation, had been under long-drawn-out attack and,
to some extent, already qualitatively transformed, largely as a conse-
quence of “reformist” government initiative. But the purported rigidity
of the Portuguese labour market remained a major point of struggle.
This became the subject of policy debate producing a Green Book and
a White Book on labour relations but, even more so, it became a bone
of contention of ideological struggle.9 As far back as the first Cavaco
Silva governments, with the launch of Portugal’s neo-liberal project, the
flexibilisation of restrictions on dismissal and firing had been a key com-
ponent of the programme of structural reforms of the PSD.10 In effect,
the employers’ associations and their political supporters had never been
satisfied with the outcome this struggle and the issue remained a fester-
ing wound in labour relations. Beyond this, Portugal, in the first decade
of the new century, had already come under the constraints of the fiscal
regime of the Euro and been subject to the restrictions of its excessive
deficit. The restraint on wages and promotions in the public sector was
a harbinger of the challenges that would soon be felt following the out-
break of crisis. It was in this context that the Socialist government put
the Reform of Public Administration into full swing, succeeding in sev-
eral years, in the midst of a first rehearsal of austerity, and against signif-
icant union opposition, in significantly altering employment relations in
the public sector (Stoleroff 2013).
In the context of financial crisis, by 2009 the Portuguese state began
to progressively lose control of the public deficit and national debt.
In the following year, it elaborated four versions of a Programme for
Stability and Growth (PEC) seeking to ward off external intervention.
Eventually, under tremendous pressure, Portugal submitted to exter-
nal intervention by the troika of institutions under the conditions of a
Memorandum of Understanding (MoU) signed in May, 2011.
Between 2008 and 2012, the respective governments, the employ-
ers’ confederations and the UGT signed three social pacts. Each facili-
tated and legitimated structural adjustments in employment regulations
and were translated into effective measures. The first, previous to the
MoU, Tripartite agreement for a new system of regulation of industrial
178 A. STOLEROFF
relations, employment policy and social protection of 25 June 2008 set the
basis for 2009’s revision of the Labour Code. The following two tripar-
tite agreements were instrumental in preparing the way for the drafting
and implementation of the MoU. The first, a Tripartite Agreement for
Competitiveness and Employment preceded the signing of MoU. It was
signed on 23 March 2011 by the Socialist government, the employ-
ers’ confederations and the UGT and comprised various commitments,
namely promoting competitiveness, improving active employment poli-
cies and various changes in the regulatory framework of industrial rela-
tions. This included decentralisation of collective bargaining and the
reduction of severance pay and the creation of a fund to finance it. A sec-
ond agreement, a social pact, the Compromise on Growth, Competitiveness
and Employment, was signed following the MoU by the government
(now a PSD–CDS coalition with a parliamentary majority), the employ-
ers’ confederations and the UGT on 18 January 2012. Its commitments
were mostly integrated into the revised Labour Code of 2012. The
union confederations’ participation in social concertation, weakened
by their ideological and strategic division, achieved very questionable
results. The social pacts that were agreed upon actually facilitated the
cutback of workers’ rights and, more than anything else, contributed to
the legitimation of the Troika’s and the PSD–CDS government’s offen-
sive against labour.
There is no need to repeat here the details of the already much ana-
lysed debt crisis and MoU11; suffice it to say that the institution of
collective bargaining was an important target of the authors of the
Memorandum.
The MoU fixed four main goals in the areas of the labour market,
employment law and industrial relations:
of agreements fell from 296 to 85. Adding to this, the obstacles placed
by the PSD–CDS government, in conformity with the MoU, upon the
extension of collective contracts, there was a genuine near collapse of
the institution as coverage also fell to record lows (Naumann 2018).
Campos Lima (2016: 30) calculates that coverage of new and renewed
agreements fell from 65.5% in 2008 to 17.0% in 2012 (continuing to
fall to 10% in the following two years) and refers to the results of the
government’s policy as the “dismantling of the collective bargaining
regime”.
Table 9.2 contains the figures for the numbers of new and renewed
collective bargaining agreements, extension decisions and bargaining
coverage from 2007 to 2017.
The total number of workers covered by new and renewed collec-
tive bargaining agreements declined meaningfully after the high point
of 1,894,846 in 2008, following the outbreak of economic crisis, to
1,236,919 in 2011. But in the next years it crashed, reaching a drastic
low point of 241,539 in 2013, coincidently, as unemployment soared
to almost 18%. It increased only marginally to 246,643 in 2014. This is
clearly an effect of the politically determined brake upon the publication
of extension decisions, which declined from 116 in 2010 to 17 in 2011,
reaching a low point of only 9 in 2013.
Table 9.2 Collective bargaining agreements, extension decisions and bargaining coverage
Number 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
UGT (Relatório Anual da Negociação Colectiva 2012, 2013, 2014, 2015, 2016, 2017)
183
184 A. STOLEROFF
Furthermore, while collective bargaining had been far and away pre-
dominantly branch and multi-employer, there had been a tendency
towards increasing numbers of single-employer agreements since the
middle-late 1990s. Although these also decreased in number from 2008
until 2012, in 2012 company-based agreements for the first time ever
outnumbered sectoral agreements, a real sign of the tremendous fall in
branch-wide agreements that continued until 2015, when branch agree-
ments began making a comeback. Nevertheless, the comeback was to be
slight and, even with this recovery, multi-employer agreements no longer
predominate in numbers in the system. Presuming that this trend lasts,
Portugal’s collective bargaining system seems to have made significant
progress towards convergence with a decentralised model of industrial
relations.
As important as the number of agreements is the number of work-
ers covered by the different types of bargaining agreements. The biggest
drop in coverage took place between 2011 and 2012 from 1,236,919
to 327,622. It continued to decline to 241,539 in 2013. The largest
drop in sectoral agreements also occurred between 2011 and 2012 from
1,160,080 to 291,068. It also continued to fall until 2013, reaching the
low point of 197,017. Coverage of renewed single-employer contracts
decreased, but began to decline earlier, from a high point of 69,398 in
2008, it progressively declined to a low of 9909 by 2012.
In 2014, the direction of variation changes, indicating some recovery
in collective bargaining. The coverage of renewed sectoral agreements
rose from its 2013 low to 49 agreements covering 214,603 workers in
2014 and then more than doubled to 446,025 based on 65 agreements
in 2015, continuing its rise. It reached a new high in 2017 with 91
agreements and coverage at 766,862. The recovery of coverage in sec-
toral bargaining was accompanied by a corresponding rise in the publi-
cation of extension agreements following 2014. This recent high in the
coverage of renewed sectoral contracts, however, is only somewhat more
than half the coverage of renewed sector-wide bargaining in 2010. The
coverage of single-employer agreements also began a recovery follow-
ing the low of 2012. As it is mathematically obvious, the increase in the
number of single-employer agreements does not signify a corresponding
increase in the number of workers covered by collective bargaining. In
2017 96 single-employer agreements produced coverage of only 37,812.
Not only does coverage as a whole remain far below the pre-crisis lev-
els but the significant increase in the numbers of single-employer
9 TRADE UNION REPRESENTATION AND INDUSTRIAL … 185
agreements has not come close to making up for the number of covered
workers lost to multi-employer agreements.
Presuming that the trends referred to here last, and the number of
single-employer agreements continues to balance out the number of
multi-employer agreements, it is clear that Portugal’s collective bargain-
ing system has made significant progress towards convergence with a
decentralised model of industrial relations. While the collapse of bargain-
ing during the mandate of the Troika and the PSD–CDS government
has been surely attenuated and there has been a recovery of bargaining
activity producing new and renewed agreements, there has also been a
qualitative shift in the loci of the system.
Addison et al. (2017) criticise the use of these particular data as the
basis of an interpretation regarding the collapse of collective bargaining
in Portugal. They object to a supposed dramatism associated with the
analysis of these data. Whereas Campos Lima, the labour movement and
we emphasise the significant transformations of collective bargaining
structure and coverage based upon the flow of bargaining activity, these
authors insisted that data on the stock of existing contracts demon-
strate, in effect, that Portugal’s fairly high rate of coverage suffered
only a very “modest” decline during the crisis period—from 90.5% in
2008 to 89.2% in 2013 (according to their calculations). Their analysis
is relevant, but rather than contradicting a so-called “narrative” regard-
ing a “disappearance” of collective bargaining, these data, in our view,
reveal major transformations in its structure, including a relative col-
lapse in bargaining during the period of adjustment. In fact, by demon-
strating the general persistence of an aspect of the institutional form,
i.e. the continuing effects of existing contracts, their analysis reinforces
our conclusion that the substance of institutional activity has under-
gone qualitative change. On the one hand, as Campos Lima (2016: 29)
argued,
In Portugal what collapsed was the number of renewed contracts and their
corresponding coverage. From the viewpoint of those authors (Addison,
Portugal & Vilares 2015), the decline in contract renewal and their cover-
age reflected the problem of “rigidity towards decreasing wages” in times
of deflation, and not a crisis of collective bargaining. However, what is cer-
tain is that it was precisely the strategy of “downward wage flexibility” – in
order to correct the supposed rigidity – which was behind the blocking of
contract extension, that had dramatic effects upon collective bargaining…
186 A. STOLEROFF
On the other hand, the fundamental issue involved here is the decline
of multi-employer, branch-level bargaining and its coverage in favour of
decentralised bargaining with its relatively low coverage. Although we
have not analysed the content of the decentralised bargaining agreements
that have emerged, we would consider it more than likely that the result
has been the differentiation of contractual conditions and a resulting
growing inequality as well as greater flexibility in general in workplace
labour relations. This would in fact confirm our point.
Conclusions
The first conclusion regards the state and politics. Throughout this expo-
sition, the role of the Portuguese State as a constituent actor in the shap-
ing and structuring of industrial relations has been particularly salient.
This visible role of the state is a prominent feature of Portuguese his-
tory; democratisation did not attenuate, but rather reinforced it. Politics
is the process and means by which the state acts or that class actors seek
to use the state to accomplish their projects with respect to the polit-
ical economy and the regulation of the labour market in particular.
The neo-liberal project in the Portuguese context expresses itself in the
application of structural reforms to achieve reprivatisation, deregula-
tion and flexibilisation in such a way as to reconfigure the state-centred,
quasi-socialist economy that had emerged from the revolutionary period
and was considered to be a brake upon economic growth and mod-
ernisation. The Portuguese neo-liberalism aimed especially at a politi-
cal reconfiguration of class influences upon the state and a shift in the
balance of forces within the labour market. The neo-liberal project also
comes through in the long-term practice of the “cartel parties” of cen-
tre right and centre left, each contributing to the processes of recon-
figuration. Both political forces promoted neo-corporatism, where the
state plays a leading role in influencing the formulation of the social
pacts, achieving agreements as a legitimating process for its action in the
sphere of the labour market and class relations. Most notable as well is
the politically initiated revision of labour law. Clearly, the introduction of
the contract expiration and cessation process was a major factor in trans-
formation of collective bargaining since 2003. However, its results were
slow. The crisis exacerbated and exaggerated the role of the state under
the tutelage of the supra-state actors, a.k.a. the Troika. But it did so in
the sense analysed by Moury and Standring (2017): taking advantage
9 TRADE UNION REPRESENTATION AND INDUSTRIAL … 187
Notes
1. Crucially, in contrast with the French system, which establishes a minimum
percentage of electoral support as a criterion for representativeness, or the
Spanish and Italian systems, which provide for voting for union representa-
tion at company level, in the Portuguese system, the achievement of rep-
resentative status, either in collective bargaining or social concertation, is
not determined by any form of verification of the degree of representa-
tiveness of relevant unions or the two confederations. Independent unions
therefore have no voice in social concertation. Thus, this form of labour
representation gives rise to an odd characteristic of the underlying neo-cor-
poratism existent within the institutional model of Portuguese democracy.
9 TRADE UNION REPRESENTATION AND INDUSTRIAL … 189
10. This had led the two labour confederations to unite in a general strike in
1988 against the government’s attempt to liberalise labour legislation in
this sphere.
11. See for example Rocha and Stoleroff (2014).
12. As we will see below Addison et al. (2017) challenge this consensus.
13. Agreements take effect upon publication in the Labour Ministry’s bulletin.
14. The UGT confederation’s thorough annual reports on collective bargain-
ing activity as well as those of the Center for Labour Relations (CRL) are
based upon this data.
15. As a measure of union strength, union membership and density are only
relative indicators due to the fallibility of statistics. More than ever before,
we do not know how many union members there really are. Due to the
impossibility of maintaining independent accounting and the inexistent
public efforts to determine union representativeness, we are dependent
upon membership claims by the unions. On this problem, see Stoleroff
and Naumann (1993). Consequently, we cite statistics published by the
OECD and the ICTWSS data base, associated with Professor Jelle Visser.
The attempt by Portugal and Vilares (2013) to make calculations on the
basis of the Relatório Único are useful but limited to the private sector
and by the characteristics of the source.
References
Addison, J. T., Portugal, P., & Vilares, H. (2017). Unions and Collective
Bargaining in the Wake of the Great Recession: Evidence from Portugal.
British Journal of Industrial Relations, 55(3), 551–576.
Baccaro, L., & Howell, C. (2011). A Common Neoliberal Trajectory: The
Transformation of Industrial Relations in Advanced Capitalism. Politics &
Society, 39(4), 521–563.
Barreto, J. (1990). Os Primórdios da Intersindical sob Marcelo Caetano. Análise
Social, XXV(105–106), 57–117.
Barreto, J., & Naumann, R. (1996). Portugal: Industrial Relations Under
Democracy. In A. Ferner & R. Hyman (Eds.), Industrial Relations in the New
Europe. Oxford: Blackwell.
Boyer, R. (1986). La flexibilité du travail en Europe. Paris: Éditions La
Decouverte.
Campos Lima, M. P. (2015). A reconfiguração do regime de emprego e de
relações laborais em Portugal na ótica liberal. Cadernos do Observatório sobre
Crises e Alternativas, 5. Coimbra: CES.
Campos Lima, M. P. (2016). O desmantelamento do regime de negociação cole-
tiva em Portugal, os desafios e as alternativas. Cadernos do Observatório sobre
as Crises e as Alternativas, 8. Coimbra: CES.
9 TRADE UNION REPRESENTATION AND INDUSTRIAL … 191
Campos Lima, M. P., & Naumann, R. (2011). Portugal: From Broad Strategic
Pacts to Policy-Specific Agreements. In S. Avdagic, M. Rhodes, & J. Visser
(Eds.), Social Pacts in Europe: Emergence, Evolution and Institutionalization
(pp. 147–173). Oxford: Oxford University Press.
Cerdeira, C., & Padilha, E. (1988). As Estruturas Sindicais Portugueses (1933–
1985) (3 vols.). Lisboa: MESS (Série C-Trabalho).
Checchi, D., & Visser, J. (2005). Pattern Persistence in European Trade Union
Density. A Longitudinal Analysis 1950–1996. European Sociological Review,
21(1), 1–21.
Ebbinghaus, B., & Visser, J. (1998). When Institutions Matter: Union Growth
and Decline in Western Europe, 1950–95 (MZES Working Paper, AB I/30).
Freire, J. (2008). Economia e sociedade: contributos para uma sociologia da vida
económica em Portugal na viragem do século. Lisboa: Celta Editora.
Harvey, D. (2005). A Brief History of Neoliberalism. Oxford: Oxford University
Press.
Harvey, D. (2006). Neo-liberalism as Creative Destruction. Geografisker
Annaler, 88(2), 145–158.
Howell, C. (1995). Trade Unions and the State: A Critique of British Industrial
Relations. Politics & Society, 23(2), 149–183.
Howell, C. (2009). The Transformation of French Industrial Relations: Labor
Representation and the State in a Post-Dirigiste Era. Politics & Society, 37(2),
229–256.
Howell, C., & Givan, R. K. (2011). Rethinking Institutions and Institutional
Change in European Industrial Relations. British Journal of Industrial
Relations, 49(2), 231–255.
Leite, J., Costa, H. A., Silva, M. C., & Almeida, J. R. (2014). Austeridade,
reformas laborais e desvalorização do trabalho. In Observatório sobre Crises
e Alternativas (Org.), A economia política do retrocesso: crise, causas e objetivos
(pp. 127–188). Coimbra: Almedina and CES.
Marginson, P. (2016). Governing Work and Employment Relations in an
Internationalized Economy: The Institutional Challenge. ILR Review, 69(5),
1033–1055.
Moury, C., & Standring, A. (2017). ‘Going Beyond the Troika’: Power and
Discourse in Portuguese Austerity Politics. European Journal of Political
Research, 56(3), 660–679.
Naumann, R. (2018). Reregulating the Extension of Collective Agreements
in Portugal: A Case Study. In S. Hayter & J. Visser (Eds.), Collective
Agreements: Extending Labour Protection (pp. 93–118). Geneva: International
Labour Organisation.
O’Donnell, G., Schmitter, P., & Whitehead, L. (1986). Transitions from
Authoritarian Rule: Southern Europe. Baltimore: Johns Hopkins University
Press.
192 A. STOLEROFF
Streeck, W. (2011). The Crises of Democratic Capitalism. New Left Review, 71,
5–29.
Streeck, W., & Thelen, K. (2005). Beyond Continuity: Institutional Change in
Advanced Political Economies. Oxford: Oxford University Press.
Távora, I., & González, P. (2015). Labour Market Regulation and Collective
Bargaining in Portugal During the Crisis: Continuity and Change. Paper
Presented at SASE, 27th Annual Meeting, July 2–4.
Venn, D. (2009). Legislation, Collective Bargaining and Enforcement: Updating
the OECD Employment Protection Indicators (OECD Social, Employment and
Migration Working Papers, 89).
Visser, J. (2006). The Five Pillars of the European Social Model of Labour
Relations. In J. Beckert, B. Ebbinghaus, A. Hassel, & P. Manov (Eds.),
Transformationen des Kapitalismus (pp. 315–316). Frankfurt am Main:
Campus Verlag.
Waddington, J., & Hoffmann, R. (Eds.). (2000). Trade Unions in Europe:
Facing Challenges and Searching for Solution. Brussels: ETUI.
Wallerstein, M., & Western, B. (2000). Unions in Decline? What Has Changed
and Why. Annual Review of Political Science, 3, 355–377.
CHAPTER 10
Cristina Nunes
Introduction
The year of 2011 was recognised by the emergence of a new cycle
of protests around the world such as the Arab Spring, the Occupy
Movement and the Indignados in Southern Europe.
Although these mobilisations are deeply rooted in the national con-
texts, they also share common features and goals. Their claims are related
to the lack of confidence on the political and economic elites and an
appeal for more equality and social justice.
Portugal and Spain merge into this cycle of mobilisations in a context
of economic and social crises marked by the adoption of austerity meas-
ures such as cuts in education and health systems, salaries, pensions and
loss of social and labour rights. The anti-austerity protests started within
a very short time between the two countries: the demonstrations of the
12th of March (Portugal) and the 15th of May (Spain) during 2011.
C. Nunes (*)
CIES, ISCTE-Lisbon University Institute, Lisbon, Portugal
In the social justice movements, the websites and email lists are the
main forms of virtual communication among activists and supported the
claiming of a transnational movement that wants to become global. In
the occupy or ‘indignados’ (outraged) protests, the information started to
spread via Twitter, Facebook, YouTube and other channels. We want to
understand if the rising of social media is changing the social movements
or contentious politics.
The mass self-communication creates a logic of aggregation that allows
a multitude of citizens in open and public spaces, as it happened in 2011
when protesters with different profiles occupied a lot of public squares
around the world. The information carried out through websites and
emailing lists produces a logic of closed organisation with smaller groups
and networks. While in social justice movements this logic of network
was helpful to the formally established actors (associations, trade unions,
NGOs, etc.), in demonstrations that emerged from 2011, the logic of
instant sharing, mainly through social media, allowed each individual to
be, in real time, both an information producer and a receptor, even in
cases with no previous affiliation to the communication networks of the
activists (Castells 2009). Nevertheless, this logic of aggregation has differ-
ences in relation to the social justice movements. These are distinguished
by the formation of a network built mostly from established collective
actors, where the Internet was a tool to promote contact between phys-
ically distant actors and a global organisation. In the anti-austerity pro-
tests, or in the Occupy Wall Street, social networks could work as a tool
to enhance citizen mobilisation or the occupation of public squares, but it
may difficult a more organised practices of collective action (Juris 2012).
However, this format of self-organised networks could be seen as
useful for the social movements regarding their relations with the oppo-
nents (Castells 2013): an horizontal and decentralised organisation,
with no formal leaders, could help the movement in its interactions with
the opponents that, in this context, may have problems to identify the
groups that are behind the organisation. If self-organised protests could
be seen, in a certain way, as positive for the social movements actions, it
could also be seen as carrying some less favourable features. On the one
hand, the opponents difficulties in identifying the movement members
are an advantage, in the other hand, it could also mean that the move-
ment is not well organised to draw up alternative proposals against the
political and economic powers. A weak organisation may result in an
interaction against their adversaries only at the street level. If the ties
10 PORTUGAL AND SPAIN IN THE INTERNATIONAL PROTEST CYCLES … 199
between the members of the movement are too weak, it could be also a
problem to construct the opposition on another level—a transition to a
political movement with a policy guide.
This is one of the less positive features comparing to the social jus-
tice movements. However, only new cycles of protests will show us if the
self-organised actions may become the main model of contentious pol-
itics. If it is true that the logic of aggregation is increasingly important
to the social movements models, it is also true that the logic of classic
action is still important to trade unions.
Social media might be changing the protestors profiles (Castells 2013;
Anduíza et al. 2012): in anti-austerity demonstrations, despite the partic-
ipation of activists from other cycles of protest, we could see the mobili-
sation of new actors such as less politicised citizens with little experience
in activism networks. This difference may be related to the increasing
role of the social media in the mobilisation processes. These are provid-
ing an openness in the activism networks.
Are social media changing the recruitment networks? Are face to face
recruitment losing importance?
If we try to answer this question, we need to accept that the social
media are changing the nature of social movements. However, only the
emergence of new cycles of protest and the research of their empirical
trends will tell us what is the importance of the social media on the con-
struction of contemporary collective action.
Conclusions
In the first points of this chapter, we analysed the trends and features of
the social and political protest movements of the last decades.
The social justice and the anti-austerity cycles distinguished themselves
by their identity composition, organisation and mobilisation structures.
It was highlighted in this conceptual debate the changes produced by the
new communication technologies and social media in contentious poli-
tics of the last years. If in social justice movements, its impact was already
important by increasing the ability to construct global political protests, in
the anti-austerity cycle this has become even higher. Thus, the social media
development begins to raise new theoretical questions: is the internet more
than a mean of communication between individuals and is becoming a
new model of organisation for social movements? Does the construction
of contentious politics and activism from twenty first century increasingly
works according to connective action and to networks of self-organised pro-
tests? Are these mechanisms changing the recruitment networks of activists
and the participants in demonstrations? Are they changing the social pro-
file of activists and expanding the mobilisation processes to less politicised
and not socialised individuals through trade unions and political parties?
We also analysed the participation of Portugal and Spain in the main
international protest cycles of the last decades. In this comparative anal-
ysis, we put forward the hypothesis that both countries have followed
different trends in the global justice framework and in anti-austerity
protests context. In Spanish society, a higher participation in demon-
strations and in civic engagement within the “new” social movements’
organisations, closer to the action repertoires of both protests cycles,
could explain these differences. A higher integration of the Spanish
social movements into the cycle of global justice led to an active civic
participation and to the formation of collective action structures towards
the international arena, as well as a cooperative network with collective
actors from other countries. 15 M began a new cycle of protest, but
organisational experiences and the transnational interactions from social
justice movements may have been useful in their diffusion processes.
Acampadas and popular assemblies in public spaces give rise to a new
culture of civic participation, particularly within the young people. 15 M
has undergone a political transformation, such as the institutional model
followed by some branches, namely the creation of political parties influ-
enced by organisational nature of the movement.
10 PORTUGAL AND SPAIN IN THE INTERNATIONAL PROTEST CYCLES … 209
Notes
1. Our approach focuses on mobilisation organised by protest groups besides
political parties and trade unions. We conducted fifteen in-depth inter-
views with activists engaged in the following demonstrations: “Geração à
Rasca” (Desperate Generation)—12 March 2011; “Unidos pela Mudança
Global” (United for Global Change)—15 October 2011; “Que se Lixe
a Troika!” (Screw the Troika)—15 September 2012; “O Povo é Quem
Mais Ordena!” (It Is the People Who Leads!)—2 March 2013. We also
analyse websites from Portuguese and Spanish groups.
2. 9.4% of Spanish respondents are engaged in this kind of civic associations,
but only 4.1% of Portuguese respondents said the same.
3. The data for 2002–2010 are from Amador (2013) and for 2012 is from
Lima and Artiles (2014).
4. The data for 2004 are higher than for other years (33.5%). This increase
can be seen as a result of the strong participation in demonstrations
against the Iraq War (2003) and against the position of right-wing gov-
ernment to the attacks of 11 March 2004.
5. The Zapatista uprising in Mexico (1996) and the Seattle demonstra-
tion against the World Trade Organization (WTO) could be seen as very
important to the social justice movements. It is stressed that their collective
dynamics began to fail after the demonstrations against the Iraq War (2003).
210 C. NUNES
19.
In a protest against the privatisation of the health system 23 February
2013: http://www.tvi24.iol.pt/economia---economia/espanha-zeca-afon-
so-pib-grandola-vila-morena-manifestacoes-economia/1420796-6377.html,
accessed 15 June 2014.
20.
The education wave, the white wave of health, the gray wave of the
retired and pensioners people, the LGBT wave and the lilac wave formed
by feminist groups (Camargo 2013).
References
Accornero, G., & Ramos Pinto, P. (2014). ‘Mild Mannered’? Protest and
Mobilisation in Portugal Under Austerity, 2010–2013. West European Politics,
1–25. Available at http://dx.doi.org/10.1080/01402382.2014.937587.
Accessed 8 February 2015 (Online).
Amador, I. (2013). Protesto político nas Democracias da Europa do Sul (Portugal,
Espanha e Grécia): Uma análise Comparada e Longitudinal (2002–2012).
Master’s thesis, ISCTE, Lisbon.
Anduíza, E. et al. (2012). Mobilization Through Online Social Networks: The
Political Protest of the Indignados in Spain. Working Paper. Universidade
Autònoma de Barcelona. Available at http://webh01.ua.ac.be/prosurvey/
publications/1344588239.pdf. Accessed 29 May 2014.
Baumgarten, B. (2013). Geração à Rasca and Beyond: Mobilizations in Portugal
After 12 March 2011. Current Sociology, 61(4), 457–473. Available at http://
csi.sagepub.com/content/61/4/457.full.pdf+html. Accessed 8 February 2014
(Online).
Bennett, W. L. (2005). Social Movements Beyond Borders: Understanding
Two Eras of Transnational Activism. In D. Della Porta & S. Tarrow (Eds.),
Transnational Protest and Global Activism (pp. 203–226). Lanham, MD:
Rowman & Littlefield.
Calhoun, C. (2013). Occupy Wall Street in Perspective. British Journal of
Sociology, 64(1). Available at http://eprints.lse.ac.uk/49102/. Accessed 15
April 2014 (Online).
Calvo, K. (2013). Fighting for a Voice, The Spanish 15-M/Indignados
Movement. In C. F. Fominaya & L. Cox (Eds.), Understanding European
Movements: New Social Movements, Global Justice Struggles, Anti-austerity
Protest (pp. 236–253). New York: Routledge.
Camargo, J. (2013). Que se Lixe a Troika! Porto: Deriva Editores.
Castells, M. (2009). Comunicación y Poder. Madrid: Alianza Editorial.
Castells, M. (2013). Redes de Indignação e Esperança: Movimentos Sociais na Era
da Internet. Lisbon: Fundação Calouste Gulbenkian.
Della Porta, D. (2005). Multiple Belongings, Tolerant Identities, and the
Construction of “Another Politics”: Between the European Social Forum and
the Local Social Fora. In D. Della Porta & S. Tarrow (Eds.), Transnational
212 C. NUNES
Protest and Global Activism (pp. 175–202). Lanham, MD: Rowman &
Littlefield.
Della Porta, D., & Kriesi, H. (2009 [1999]). Social Movements in a Globalizing
World: An Introduction. In D. Della Porta, H. Kriesi, & D. Rucht (Eds.),
Social Movements in a Globalising World (pp. 3–39). London: Palgrave
Macmillan.
Della Porta, D., & Tarrow, S. (2005). Conclusion: “Globalization”, Complex
Internationalism, and Transnational Contention. In D. Della Porta &
S. Tarrow (Eds.), Transnational Protest and Global Activism (pp. 227–246).
Lanham, MD: Rowman & Littlefield.
Feixa, C., Pereira, I., & Juris, J. S. (2009). Global Citizenship and the ‘New,
New’ Social Movements. Young, 17(4), 421–442.
Fernandes, T. (2012). Civil Society After Dictatorship: A Comparison of Portugal
and Spain, 1970s–1990s. Working Paper. Kellogg Institute For International
Studies/University of Notre Dame. Available at: https://kellogg.nd.edu/
publications/workingpapers/WPS/384.pdf. Accessed 2 June 2014.
Fernandes, T. (2017). Late Neoliberalism and Its Discontents: The Case of
Portugal. In D. Della Porta, M. Andretta, T. Fernandes, E. Romanos,
F. O’Connor, & M. Vogiatzoglou (Eds.), Late Neoliberalism and Its
Discontents in the Economic Crisis – Comparing Social Movements in the
European Periphery (pp. 169–200). Cham: Palgrave Macmillan.
Fominaya, C. F. (2010). Creating Cohesion from Diversity: The Challenge of
Collective Identity Formation in the Global Justice Movement. Sociological
Inquiry, 80(3), 377–404.
Fominaya, C. F. (2014). Spain Is Different: Podemos and 15-M. Available at
https://www.opendemocracy.net/can-europe-make-it/cristina-flesher-fomi-
naya/“spain-is-different”-podemos-and-15m. Accessed 12 June 2014.
Juris, J. S. (2012). Reflections on #Occupy Everywhere: Social Media, Public
Space, and Emerging Logics of Aggregation. American Ethnologist, 39(3),
259–279.
Lima, M. P. C., & Artiles A. M. (2014). Descontentamento na Europa em
Tempos de Austeridade: Da Ação Coletiva à Participação Individual no
Protesto Social. Revista Crítica de Ciências Sociais, 103. Available at http://
rccs.revues.org/5569. Accessed 20 June 2014 (Online).
Morales, L. (2005). ¿Existe Una Crisis Participativa? La Evolución de la
Participación Política y el Asociacionismo en España. Revista Española de
Ciencia Política, 13. Available at http://recp.es/index.php/recp/article/
viewFile/229/173. Accessed 29 May 2014 (Online).
Nunes, C. (2004). Os Movimentos Alterglobalização e o Fórum Social Mundial.
Bachelor’s thesis, ISCTE, Lisbon.
Nunes, C. (2011). Expressões Alterglobais na Sociedade Portuguesa: Ecos
Transnacionais de Novas Formas de Acção Colectiva? Master’s thesis, ISCTE,
10 PORTUGAL AND SPAIN IN THE INTERNATIONAL PROTEST CYCLES … 213
Introduction
In the last decades, the expression democratic paradox has been used by
several political scientists to refer to the coexistence of two distinct phe-
nomena. On the one hand, the global expansion and apparent triumph
of the Western-type democratic model; and, at the same time, the reali-
sation that many of the countries that have now come to democracy have
C. Pequito Teixeira (*)
Institute of Social and Political Sciences (ISCSP), University of Lisbon,
Lisbon, Portugal
e-mail: cteixeira@iscsp.ulisboa.pt
P. de Almeida Pereira
Universidade Nova de Lisboa, Lisbon, Portugal
e-mail: ppereira@crb.ucp.pt
A. M. Belchior
Department of Political Science and Public Policies, ISCTE-IUL, Lisbon,
Portugal
e-mail: ana.belchior@iscte-iul.pt
example); (2) the political regime, that is, the set of values, norms and
rules inherent in its organisation and functioning, related to basic and
fundamental values; (3) political institutions, that is, the traditional, for-
mal and specific institutions of the regime and lastly; and (4) the political
authorities (evaluation of elected officials and political appointees).
On the other hand, as regards the nature of the support, Easton dis-
tinguishes between “diffuse support” and “specific support.” If “diffuse
support” is related to the fundamental aspects of the political system,
such as constitutional order, as well as the values and normative prin-
ciples that underlie it, “specific support” is targeted at the particular
institutions and their respective holders (political authorities), and is
closely related to the performance and results of both. Thus, “diffuse
support” tends to be more durable and stable, as it results from deeply
rooted political values and links typically cultivated during early politi-
cal socialisation. On the other hand, “specific support” depends on
the perceptions and evaluations that citizens make of the performance
of democracy and its main political institutions, and the results of the
sectorial policies pursued by the governments in office at the moment,
which are more prone to short-term fluctuations. Public support for spe-
cific parties (in government or opposition), as well as attitudes towards
governing elites, is therefore expected to fluctuate in response to short-
term contextual factors such as the performance of particular govern-
ments, policy changes, replacement of leaders, or simply a conjunctural
economic crisis.
It can be asserted that the argument proposed by David Easton
(1965, 1975), and later explored by many other political scientists, is
that popular support for democracy consists of two essential dimensions:
a dimension that concerns the normative and institutional assessment of
democracy (“diffuse support”), and one that refers to the political per-
formance and functional evaluation of democracy, i.e. the functioning of
its key political institutions, in the light of the original aims and goals
expected (“specific support”). These authors, and many others, have
demonstrated empirically that ordinary citizens tend to make this distinc-
tion too. Thus, citizens who support democracy as a form of government
or principle can be either satisfied or dissatisfied with the performance of
that regime’s individual or collective actors.
On the other hand, the multidimensional nature of political support
for democracy presupposes that we are dealing with a concept that is not
in itself “cumulative”, although the so-called “contagion hypothesis”
218 C. PEQUITO TEIXEIRA ET AL.
(a) the most generic and fundamental feelings of citizens about the sense of
belonging to the national community, exemplified by feelings of pride
and national identity;
(b) support for the general principles of the regime, including the adoption
of democratic and autocratic attitudes and values;
(c) evaluations on the overall performance of the regime, exemplified by
satisfaction with the functioning of democracy;
(d) confidence in state institutions, including government, parliament, par-
ties, civil service, courts and security forces; and
(e) confidence in elected and appointed officials, including politicians and
leaders. (Norris 2011: 7–8)
The results of the work carried out by both Norris (1999, 2011) and
Dalton (2004) confirm that the distinction between “diffuse support”
and “specific support” is valid not only conceptually, but also e mpirically,
since it is present in the minds of citizens. Although, in the vast major-
ity of countries, normative support for democracy as a political regime
is overwhelming, the fact is that satisfaction with its functioning in
11 POLITICAL DISCONTENTMENT IN PORTUGAL POST-TROIKA … 219
practice is much weaker and volatile. Pippa Norris (2011) even argues
that the growing political criticism is not only a phenomenon transversal
to advanced industrial democracies, but also not necessarily a negative
process, arguing that the current and manifest dissatisfaction with the
functioning of democracy is nothing more than the result of the growing
aspirations of citizens towards the performance of institutions and the
outputs of the democratic process, which leads them to press the author-
ities to introduce reforms that enable their improvement and efficiency
(Norris 2011).
In this sense, it is clear that growing dissatisfaction with democracy
does not necessarily mean that citizens are becoming less democratic,
but that they are simply “more sophisticated and demanding citizens”
(Dalton 2013), “critical citizens” (Norris 1999: 2011), or even “asser-
tive citizens” (Klingemann 2013). It is therefore this conflict between
growing public aspirations for democratic government and critical, scep-
tical and negative evaluation of its concrete performance that is at the
origin of a new type of contemporary citizenship, resulting from the
combination of short-, medium- and long-term factors.
On the one hand, the growing democratic aspirations are the result
of the social forces of modernisation with long-term effects, responsible
for a long-term cultural change. The argument here is similar to that put
forward by Inglehart (1977, 1990, 1997) on the rise of “post-materialist
values”. On the other hand, there is also the generalised perception of
the poor performance of democratic institutions and its outputs: per-
vasive corruption, cronyism, clientelism and abuse of power (De Sousa
2008). There is, moreover, an important economic component to the
performance of democracy. There is a plenty of evidence that once
democracy is established in a country, the richer the country becomes,
the lower is the probability that democracy will fail. The rationale for
that is simple: if democracies consistently do not deliver prosperity to
their citizens, they again fail to engender public trust and confidence.
Lastly, the citizens’ perception of the performance of democratic institu-
tions is now largely mediated by the coverage and framing of the media,
which makes comparisons between the countries easier, but at the same
time makes more difficult the existence of clear lines of accountability
(Norris 2011: 4).
By following closely this theoretical framework, we intend in this
chapter to confirm the idea of the existence of different dimensions of
support for the Portuguese political system, starting from the premise
220 C. PEQUITO TEIXEIRA ET AL.
principles as the ideal form of government yet who are sceptical in their
evaluations of the way political institutions work in. Or, said another way,
“critical citizens”, are those that, by virtue of the processes of social, cul-
tural and technological modernisation, became increasingly educated,
informed, politicised and cognitively mobilised citizens—i.e. a public
much more “demanding and sophisticated” in view of the functioning
of the democratic system and its main institutions and political actors
(Norris 1999, 2011).
However, with the transition from industrial societies to post-
industrial societies, several factors—economic, social, human and
technological—determined a significant shift in the value orientation of
contemporary citizens, operating what Inglehart called a “silent revolu-
tion” (Inglehart 1977), or the affirmation of a new model of political
culture. Materialistic values based on security, order and tradition have
succeeded post-materialistic values, which emphasise self-expression,
autonomy, creativity and the defence of minorities, but which also result
in the contestation of the sources of traditional authority and new par-
ticipatory claims of the bottom-up type, as well as the challenges to
the action of elites. In this new model, which Klingemann (2013) calls
“assertive culture” in contrast to “allegiant culture”, the ideal citizen
corresponds to the one whose political attitudes and behaviours are char-
acterised by their assertiveness and pressure to the political system and
no longer by the conformity and passivity proper to the Almond and
Verba “culture of submission”.
Throughout this period, political culture research argued that in order
to persist, democracies required a supportive and allegiant public, at the
same time criticism of democracy or the performance of the democratic
regimes was often regarded as synonymous with anti-democratic ideol-
ogies of the extreme left or right. Especially during the Cold War era,
the hallmarks of a good democrat were the unquestioning loyalty and
allegiance to anything called democratic. However, results of other stud-
ies sign that the nature of democratic political culture has been changing
from the model offered in The Civic Culture (Almond and Verba 1963)
and the research of this era.
It is thus none of Dalton (2004), Norris (1999, 2011), and
Klingemann (1999, 2013) see in this growing dissatisfaction of contem-
porary electorates towards the concrete performing of democracy—when
compared to its ideal and normative referential—any “threat” or “risk”
to the stability and improvement of established democracies. In front
222 C. PEQUITO TEIXEIRA ET AL.
1. I am going to read off some things that people sometimes say
about a democratic political system. Could you please tell me if
you agree strongly, agree, disagree or disagree strongly after I read
each of them?
“Democracy may have problems but it’s better than any other
form of government.”
11 POLITICAL DISCONTENTMENT IN PORTUGAL POST-TROIKA … 223
after 1990 this association weakened considerably, and in some cases, has
even become irrelevant (Hofferbert and Klingemann 2001). What is seen
now is the strong association between this measure and citizens assess-
ment of the overall political performance of governments and the assess-
ment of the country’s economic situation (Feng 2003).
Performance evaluations of democracy in practice turn negative
when citizen demands and the capacity of the democratic regime to
satisfy these demands are out of balance. If democratic regimes—despite
changing governments—do not deliver acceptable policy outcomes over
longer periods of time—including economic growth and social security—
citizens that support democracy in principle may well become dissatisfied
and contemplate alternatives, namely autocratic ones.
To that end, it will analyse not only the levels of support for
Portuguese democracy, but also the distribution of different types of
democrats, going from a discussion of “democracies with adjectives” to a
discussion of “democrats with adjectives”.
the European Union and the IMF in 2011 (Pereira and Wemans 2012).
The condition attached by the EU and the IMF to the massive loans
made available to the Portuguese government included severe budget
cuts, which immediately created a recessive spiral, rising unemploy-
ment, declining state revenues, persistent budget deficits, new austerity
measures and an even deeper recession (Caldas 2012; Moury and Freire
2013; Gurnani 2016).
Unsurprisingly, this development signalled the beginning of a period
when positive assessments and feelings towards the government and other
political institutions followed a steep and abrupt downward trajectory
not only in Portugal but also in other peripheral European countries—
where the same spiral was reproduced with variable intensity.
On 17 May 2014, Portugal was to formally exit the economic and
financial adjustment program initiated in 2011 with the support of
the European Union and the International Monetary Fund, and with-
out recourse to any precautionary program, thus being a “clean exit”.
First, the end of this program meant that Portugal was again able to
refinance itself in international markets at reasonable rates, and formal
“sovereignty” was regained. Second, the economic adjustment that took
place over the past three years, while with extremely severe and painful
effects for the vast majority of the population, has fulfilled some of the
main goals set out in the Memorandum of Understanding (or Austerity
Package), namely the growth of strengthening competitiveness and a
more controlled budgetary situation.
Having been signed by the Socialist Party (PS), then in the direction
of the Portuguese government and directly responsible for the third
international request to Portugal—and after losing all the political sup-
port in the Parliament with PEC IV—the fact is that the MoU was also
negotiated and signed by the parties to the right of the Socialist Party,
namely the Social Democratic Party (PSD) and the Social Democratic
Center-Popular Party (CDS-PP).
With the “expected” victory in the 2011 legislative elections, it would be
up to the right-wing government (a coalition between PSD and CDS-PP)
led by Pedro Passos Coelho to implement on the ground the commit-
ments established with international creditors (Magalhães 2014a, b).
If the Prime Minister then undertook to “respect” the foreign aid memo-
randum, he also said that his government’s program would “go far beyond
the troika memorandum”, which for many scholars, analysts and politi-
cians could only signify that under the pretext of “respecting” the troika
11 POLITICAL DISCONTENTMENT IN PORTUGAL POST-TROIKA … 227
Sources Project 1—“Portuguese Deputies in Comparative Perspective: Elections, Leadership and Political
Representation” (2007–2010) (FCT: PTDC/CPO/64469/2006). CIES-IUL leader André Freire
Project 2—“Elections, Leadership and Accountability: Political Representation in Portugal—
Longitudinal and Comparative Perspective” (2012–2015) (FCT: PTDC/CPJ-CPO/119307/2010).
CIES-IUL leader André Freire
Project 3—“Agenda Setting in Portugal from a Comparative Perspective: The Legislation, Party
Promises, Public Opinion and the Media”. CIES-IUL leader Ana Maria Belchior
Project 4—“Crisis, Political Representation and Democratic Renewal: The Portuguese Case in the
Southern European Context” (FCT: PTDC/IVC-CPO/3098/2014). CIES-IUL leader André Freire
H5: Between 2008 and 2016, the increase in political discontent among
the Portuguese citizens resulted in a significant growth of dissatisfied,
sceptical or critical democrats.
Factor
1 2 3 4
Note Rotation Method: Varimax with Kaiser normalization. Rotation converged in 5 iterations
N = 6660. KMO = 0.782. Saturations below 0.4 are suppressed
rejected. Or put another way, the sample differences are real and caused
by differences in observed populations.
On the other hand, it is also verified that in Portugal, in the three
periods considered, the citizens’ preference for the democratic system
coexists with other non-democratic forms of government. If we take
into account the fact that, between 2008 and 2016, the adhesion of the
Portuguese to autocratic forms of government, namely a “strong leader
236 C. PEQUITO TEIXEIRA ET AL.
(2016)
Satisfied Dissatisfied χ2 p
democrats democrats
Conclusions
We start this chapter by considering what is now a transversal phenome-
non, characteristic of European democracies, which has been an element
of the origin of several scientific papers: the apparently paradoxical coex-
istence of a strong degree of citizens’ support of democracy as a political
regime, on the one hand, and, on the other hand, a strong and growing
dissatisfaction with the way democracy works in practice, aware of the
deep suspicion that citizens have shown with regard to the most impor-
tant political institutions and to the activities of the respective political
post holders.
Basing our analysis on the pioneer contributions made by David
Easton (1965, 1975) with regard to support for the political system—
updated in line with the more recent specialised literature—in this chap-
ter, we address the wide gap that exists between “diffuse support” and
“specific support”, whether before, during or after the crisis.
In this chapter, we can conclude that this gap reaches its maximum at
the time when Portugal was the subject of international rescue, between
2011 and 2014, represented by the presence of the Troika among us and
also by the application of harsh austerity measures by the Government,
measures which have had a dire economic and social effect on many
segments of the population. In such a context, the question of democ-
racy and legitimacy became increasingly problematic, putting it back on
centre stage within public and academic debate and political struggles.
Some authors have even warned of the dangers of what would be consid-
ered a “democracy without choices”, or “a bloodless coup d’état” in the
Eurozone. Among us, and in terms of attitudes in support of the politi-
cal system, the crisis of the Eurozone and the resulting help provided to
Portugal have intensified the growth of a phenomenon which has already
been around for a long time: the signs of a deep and worsening deterio-
ration of the specific support for the political system, with the singularity
of massive support for democracy as a political regime (“the only game
in town”) being much more apparent than real.
11 POLITICAL DISCONTENTMENT IN PORTUGAL POST-TROIKA … 243
It shall suffice to pay attention to the fact that many citizens who pre-
fer democracy as a system of government for the country do not exclude
other possibilities of styles of government considered autocratic. This
reality is clearly seen in the number of citizens who are here known as
“ambivalent democrats” (about 72.5% in 2016). In terms of “specific
support”, this comes together with the fact that, in 2016, Portugal had
some 68.5% of “dissatisfied democrats” and about 60% of “suspicious
democrats”, with regard to the country’s main democratic institutions.
The issue that remains unanswered, and that warrants being addressed
in future studies, is that of knowing the related behavioural expres-
sions shown by these “democrats with adjectives”. However, one thing
is already quite clear: the group of “critical democrats” in Portugal is
not just a group of people which is much less important than the oth-
ers (only about 35%, on average), as also these people are conceptually
and empirically distinct. Therefore, we would not expect the attitude and
behaviour profile assigned to the group by the most recent literature—
and which includes greater pressure and demands to improve the quality
of democracy—to extend to the other democrats. This is a line of investi-
gation that definitely deserves to be followed.
References
Abdelzadeh, A., Özdemir, M., & Maarten, V. Z. (2015). Dissatisfied Citizens:
An Asset to or a Liability on the Democratic Functioning of Society?
Scandinavian Political Studies, 38(4), 410–436.
Almond, G., & Verba, S. (1963). The Civic Culture: Political Attitudes and
Democracy in Five Nations. Princeton: Princeton University Press.
Caldas, J. C. (2012). The Consequences of Austerity Policies in Portugal.
International Policy Analysis, 1–5.
Dahlberg, S., Linde, J., & Holmberg, S. (2013). Dissatisfied Democrats: A
Matter of Representation or Performance? (Working Paper Series 2013: 8).
The Quality of Government Institute (QOG), University of Gothenburg.
Dalton, R. J. (2004). Democratic Challenges. Democratic Choices. The Erosion
of Political Support in Advanced Industrial Democracies. Oxford: Oxford
University Press.
Dalton, R. J. (2013). The Apartisan American: Dealignment and Changing
Electoral Politics. London: Sage.
Dalton, R. J. (2014). The Civic Culture Transformed: From Allegiant to Assertive
Citizens. Cambridge: Cambridge University Press.
244 C. PEQUITO TEIXEIRA ET AL.
Dalton, R. J., & Welzel, C. (2014). The Civic Culture Transformed: Fom
Allegiant to Assertive Culture. Cambridge: Cambridge University Press.
De Giorgi, E., & Santana-Pereira, J. (2016). The 2015 Portuguese Legislative
Election: Widening the Coalitional Space and Bringing the Extreme Left in.
South European Society and Politics, 21(4), 451–468.
De Sousa, L. (2008). Clientelism and the Quality(ies) of Democracy. Public
and Policy Aspects (DIS Working Paper 2008/2). Center for the Study of
Imperfections in Democracy. Budapest: Central European University.
Diamond, L. J. (2002). Thinking About Hybrid Regimes. Journal of Democracy,
13(2), 21–35.
Doorenspleet, R. (2012). Critical Citizens, Democratic Support and Satisfaction
in African Democracies. International Political Science Review, 33(3),
279–300. https://doi.org/10.1177/0192512111431906.
Easton, D. (1965). A Systems Analysis of Political Life. New York: Wiley.
Easton, D. (1975). A Reassessment of the Concept of Political Support. The
British Journal of Political Science, 5(4), 435–457.
Estanque, E., & Costa, H. A. (2017). Building the “Contraption”: Anti-austerity
Movements and Political Alternative in Portugal. In Challenging Austerity
(pp. 125–146). London: Routledge.
European Commission. (2015). Speech Programme and an Investment
Stabilisation Function.
Fails, M. D., & Pierce, H. N. (2010). Changing Mass Attitudes and Democratic
Deepening. Political Research Quarterly, 63(1), 174–187.
Feng, Y. (2003). Democracy, Governance, and Economic Performance: Theory and
Evidence. Cambridge: MIT press.
Ferreira, A. R. et al. (2017). Portuguese Government Solution: The Fourth Way
to Social-Democratic Politics. Brussels: Foundation for European Progressive
Studies.
Foa, R. S., & Mounk, Y. (2017). The Signs of Deconsolidation. Journal of
Democracy, 28(1), 5–15.
Freire, A. (2013). A crise como oportunidade e a terapia de choque. In E. Paz
Ferreira (Ed.), A Austeridade Cura? A Austeridade Mata? (pp. 73–108).
Lisboa: Associação Académica da Faculdade de Direito de Lisboa.
Gjefsen, T. (2012). Sources of Regime Legitimacy. Quality of Government and
Electoral Democracy. Oslo: Department of Political Science, University of
Oslo.
Gurnani, S. (2016). The Financial Crisis in Portugal: Austerity in Perspective.
Volume 13—Portugal: Navigating from Crisis to Growth 12. https://pre-
serve.lehigh.edu/perspectives-v33/12. Consulted May 2018.
Hofferbert, R. I., & Klingemann, H.-D. (2001). Democracy and Its Discontents
in Post-wall Germany. International Political Science Review, 22(4), 363–378.
Inglehart, R. (1977). The Silent Revolution: Changing Values and Political Styles
Among Western Publics. Princeton, NJ: Princeton University Press.
11 POLITICAL DISCONTENTMENT IN PORTUGAL POST-TROIKA … 245
E convergence criteria, 21
Eanes, António Ramalho, 40, 43, 113 political union, 21
Economic Adjustment Programme, European Social Forum, 202
14, 18 European Social Model, 173
Exit from, 228 Euroscepticism, 5
Economic Stabilization Act, 135 Excessive Deficit Procedure (EDP),
education system, 16 23, 126
elections Extended Fund Facility (EFF), 17
abstention, 11
1975, 38; 1976, 38; 1987, 90
European 2014, 205 F
realignment, 7 Financial Adjustment Programme, 14
presidential election 1980, 36; Financial and Economic Assistance
1996, 39; 2006, 44, 45; 2011, Programme (FEAP), 127, 130
46; 2016, 49 Financial Assistance Programme to
June 2011, 4 Portugal (CEAMPAFP), 103–7
October 2015, 49, 50, 63, 92, 112, ad hoc committee, 107
228 First Republic (1910–26), 36
electoral reform, 55 fragmented party system, 68
electoral systems France
consociational democracy, 56 monetary union, 22
majority representation, 56 functional decline theory, 108
proportional representation, 56
Estado Novo, 36
presidential campaigns, 39 G
EU enlargement, 16 Gaspar, Vitor, 128
eurozone, 15, 28, 126, 136 general contributory regime, 19
political party organisation, 14 General Directorate for Labour
Portuguese exceptionalism, 9 Relations, 181
resilience of Portuguese parties, 4 Geringonça, 111, 114, 115
European Central Bank (ECB), 17, Germany
18, 22, 28, 46, 107, 115, 127, European integration, 23
196, 200 monetary union, 22
European Financial Stability Facility Global Justice Movement, 10
(EFSF), 17, 225 governability, 7, 56, 61, 68, 70, 71
European Financial Stabilization Grândola Vila Morena, 207
Mechanism (EFSM), 17, 225 Greece
European Fiscal Compact, 128 2009 crisis, 17
European Monetary System (EMS), bailout, 225
20, 21 Maastricht criteria, 22
European Monetary Union (EMU), 5, sovereign debt, 27
14, 15, 140 Special Property Contribution, 136
250 Index
M
H Martins, Catarina, 64, 154, 229
Huntington, Samuel, 77 Matos, José Norton de, 38
Memorandum of Understanding, 14,
46, 103–10, 115, 170, 177, 226
I court rulings, 128
ideal citizen, 220, 221 industrial relations, 185
indignados, 197–8 Merkel, Angela, 23
internal devaluation, 2 Military coup (28 May 1926), 36
International Monetary Fund (IMF), Moderno Case, 61
2, 4, 14, 15, 17, 25, 30, 46, 107, monetary union, 22, 31
115, 126–8, 130, 135, 173, 196, Morais, Carlos Blanco de, 48
200, 225, 226 Moreira, Adriano, 36
1978 intervention, 15 Moscovici, Pierre, 227
1983 intervention, 15, 126 Multi-Fibre Agreement (MFA), 16
Intersindical, 168 Mundell Trilemma, 21
intra-party democracy, 153
Ireland
bailout, 225 N
National Health Service (SNS), 20
National Reforms Programme, 29
K National Strategic Council, 152
KKE-Interior, 63
Kohl, Helmut, 21, 23
O
Occupy Movement, 195–8
L Ombudsman, 124, 128–31
Laboratory of Political Ideas for O povo é quem mais ordena, 209
Portugal, 152 Optimum Currency Area, 21, 22
Labour Code 2003, 172, 176
2009 revision, 176
2012 revision, 131 P
labour regulations, 9, 168 Pais, Sidonio, 36, 38
Left Bloc (BE), 4, 62–5, 82, 87, 88, Parliament
90–4, 147, 202, 204, 229, 230 and the president, 112
support for state budget, 92 assembly semi-presidentialism, 8
Index 251
T W
Tahrir Square, 197 White Book on labour relations, 177
terrorist attack World Competitiveness Forum, 26
Brussels March 2016, 227 World Social Forum, 201
Paris November 2015, 227 World Trade Organisation (WTO),
third wave democracies, 77, 80–1 16, 18
trade union membership, 174
troika, 7, 14, 18, 46, 47, 64, 103–7, 127,
168, 170, 177, 178, 180, 185, 186, Z
196, 204, 206, 226–7, 229, 242 Zucotti Park, 197