Framework
What the legislative footprint is
It is the public record of who was heard and what was received while a normative decision was being prepared. It does not say who was right or who influenced the outcome: it says who took part.
What the law requires
Article 10 of Law no. 5-A/2026 of 28 January lays down two separate obligations:
- consultations and interactions with bodies holding legislative powers or a right of legislative initiative, occurring in the preparatory phase, must be identified at the end of the legislative procedure, in a form approved by the body itself, which also decides how to publish it on its website (paragraph 1);
- all public bodies covered must create specific mechanisms ensuring the recording of interactions or consultations held in the preparatory phase of public policies and of legislative and regulatory acts, and their public disclosure in the documentation accompanying the process (paragraph 2).
The reach of paragraph 2 is what matters most in practice: the footprint is not only parliamentary, nor only legislative. It covers regulations and public policies, and is therefore relevant to ministries, agencies, regulators, autonomous regions and, on their own timetable, local authorities.
The picture is completed by Article 8(5), which requires case files to identify the actions and materials submitted by entities subject to registration; Article 9, which requires a web page listing ongoing public consultations; Article 15(2), which allows codes of conduct to include provisions on monitoring the footprint; and Article 16(3), which requires an annual implementation report.
Three operations that must not be confused
| Layer | What it records | Who is responsible | Basis |
|---|---|---|---|
| RTRI registration | Who represents interests, for whom and in which sectors | The representative, in the register that operates within the Assembly of the Republic | Law no. 5-A/2026, Articles 5 and 13 |
| Recording and publication of hearings | Meetings and hearings granted, participants and subject matter | Each public body covered | Law no. 5-A/2026, Article 8 |
| Legislative footprint | Consultations, interactions and contributions in the preparatory phase of policies and of legislative and regulatory acts | The public body responsible for the procedure | Law no. 5-A/2026, Article 10 |
Three implementations, three solutions
| Dimension | Assembly of the Republic | Government | Azores |
|---|---|---|---|
| Instrument | Resolution no. 289/2026 | RCM n.º 167/2026 | DRR n.º 22/2026/A |
| Timing of the footprint | When the bill is filed with the Bureau | At the end of the procedure | At the end of the procedure |
| Who identifies | The authors of the bill; committees record their own hearings | The recording officer in the proposing member's office | The recording officer in the proposing office |
| Criterion | Consultations or interactions, in any form, with entities subject to the RTRI | Interactions that materially influenced the act | Consultations or interactions in the preparatory phase |
| Where it is published | The bill's page on the Parliament website | Government Portal | Regional Government Portal |
| Hearings | Published within 30 days | Quarterly list | Quarterly list, by the 15th of the following month |
The difference in criterion has consequences. The parliamentary form asks whether there were consultations or interactions; the Government rules ask for those that materially influenced the act, which calls for a judgement. Anyone designing a procedure has to choose a criterion and justify it.
A text that resembles a contribution does not, by itself, show that the contribution determined the decision. The footprint documents participation; it does not prove causality.
The parliamentary form
The annex to Resolution of the Assembly of the Republic no. 289/2026 is, to date, the only legislative footprint form published in the Diário da República. It has five fields:
- title of the initiative;
- whether a public consultation was held during the preparatory work;
- whether the initiative was preceded by any consultation or interaction, in any form, with entities subject to the RTRI;
- identification of hearings held during the preparatory work;
- identification of other interactions or contributions submitted during the preparatory work.
It is a simple model and therefore a good starting point. For a municipality or a public agency, however, simply transposing it is not enough: the acts, the workflows and the powers are all different.
Timetable
| Date | Milestone | Basis |
|---|---|---|
| 27-07-2026 | Law no. 5-A/2026 enters into force, including Article 10 | Law no. 5-A/2026, Article 21 |
| 29-07-2026 | Public bodies already covered record and publish hearings by their own means | Law no. 37-A/2026, Article 8(3) |
| 05-11-2026 | RTRI platform announced as operational in test mode, with provisional registrations | Announcement on the Assembly of the Republic website |
| 10-11-2026 | Parliamentary rules and the legislative footprint form enter into force | AR Resolution no. 289/2026, Article 12 |
| 30-11-2026 | General deadline for public bodies to approve rules on the publication of hearings | Law no. 37-A/2026, Article 8(5) |
| 01-01-2027 | RTRI fully operational; Management Board takes office | Law no. 37-A/2026, Article 8(1) |
| 02-03-2027 | End of the 60-day period for definitive registration of those already professionally representing third-party interests | Law no. 37-A/2026, Article 8(4) |
| 30-04-2027 | Regulatory deadline for municipalities, local companies and intermunicipal entities | Law no. 37-A/2026, Article 8(6) |
| 01-06-2027 | Regime applies to municipalities, local companies and intermunicipal entities; sanctions framework enters into force | Law no. 37-A/2026, Article 8(6) and (8) |
| 30-11-2027 | Regulatory deadline for parishes | Law no. 37-A/2026, Article 8(7) |
| 01-01-2028 | Regime applies to parishes | Law no. 37-A/2026, Article 8(7) |
The transitional timetable follows from Article 8 of Law no. 37-A/2026, as set out in the information published by the Assembly of the Republic. Article 19 of Law no. 5-A/2026, which contained the original transitional regime, has been repealed and must not be relied on.
Our reading, to be confirmed case by case: Article 8 of Law no. 37-A/2026 contains no provision deferring Article 10 of Law no. 5-A/2026 for bodies already covered. [Our own interpretation, not confirmed by official guidance]
And outside Portugal?
The concept travels better than the statute. In any parliament or government there is a more or less formal route through which opinions, letters and meeting requests arrive. Documenting it improves institutional quality even where no law requires it.
For that reason, in this edition the Portuguese regime is treated as a case study, not as a model for export. See the country-by-country approach.
Normative update of this page: . References confirmed against official sources on that date; anything unconfirmed is shown in square brackets and italics.