The expression you will meet most often when reading Law No. 2954: "(Repealed: ...)". A significant part of the backbone of the Law is not in force today.
The Largest Cut: Decree-Law No. 703
Art. 95 of Decree-Law No. 703 of 2/7/2018 removed the institutional backbone of the Law:
| Article | Subject |
|---|---|
| 8 | Establishment |
| 9 | Duties |
| 10 | Organs |
| 11 | The Board of Directors - five paragraphs repealed; the paragraph on fees remained |
| 12 | Duties (of the Board of Directors) |
| 15 | Advisory boards |
| 16 | Organisation |
| 17 | Balancing the types of broadcast |
| 18 | Government communiqués and speeches |
| 19 | Presenting government practices |
| 24 | Broadcasts concerning the State's foreign relations |
| 31 | Supervision of broadcasts |
| 33 | Capital |
| 34 | Distribution of profit and reserve funds |
| 36 | Preparation of the budget and the financing deficit |
| 49 | Forms of employment |
The Other Repealed Provisions
| Article | Subject | Repealed by |
|---|---|---|
| 4/c | A basic principles subparagraph | No. 3517 - 12/1/1989 |
| 4/d, 4/e | Basic principles subparagraphs | No. 5767 - 11/6/2008 |
| 6-7 | The Radio and Television Supreme Board | No. 3984/36 - 13/4/1994 |
| 14 | The Coordination Board | No. 5767 - 11/6/2008 |
| 25 | Teaching and educational broadcasts | No. 5767 - 11/6/2008 |
| 35 | Revenues | No. 3093/7 - 4/12/1984 |
| 38-43 | Financial provisions | No. 3093/7 - 4/12/1984 |
| 63/a | A penal subparagraph | No. 3517/7 - 12/1/1989 |
| 63/b, 63/c | Penal subparagraphs | No. 3093/7 - 4/12/1984 |
| Provisional 1-5, 7-10 | Transitional provisions | No. 5767 - 11/6/2008 |
| Provisional 6 | A transitional provision | No. 3093/7 - 4/12/1984 |
Constitutional Court Annulments
| Provision | Decision | Result |
|---|---|---|
| Art. 47 - Procurement (Amended: Decree-Law No. 703) | E.2018/117, K.2023/212 - 7/12/2023 | Annulled |
| The repeal of Art. 50/i | E.2018/117, K.2023/212 - 7/12/2023 | The repeal was annulled |
| The phrase "... disciplinary penalties ..." in Art. 56 | E.2016/182, K.2017/111 - Official Gazette 29/6/2017 | Annulled - entered into force one year later |
| Art. 7 of Law No. 3517 (repealing the phrase in Art. 4/a) | E.1989/9, K.1990/8 - 18/5/1990 | Annulled |
The annulment in Art. 56 is the reason for the disciplinary Arts. 56/A-56/D added in 2019 by Law No. 7176. We cover the detail in the discipline guide.
A Provision Standing in the Text but Without Function
We cover the detail in the basic principles guide and the Art. 133 guide.
A Practical Rule for Reading Legislation
- If "(Repealed: ...)" appears next to the article heading, the article does not exist.
- There may also be repeal notes at the level of a paragraph - Art. 11 is an example.
- The mark (...) shows that a phrase has been removed; look at the footnote.
- The footnotes say which statute changed what; they are an inseparable part of the text.
- Even where a provision is not repealed it may have been left without function by a constitutional amendment.
Summary
The articles of Law No. 2954 on the establishment, organs, organisation, government communiqués, broadcasts concerning foreign relations and the supervision of broadcasts were repealed by Art. 95 of Decree-Law No. 703; the articles on revenues and the financial provisions were repealed earlier by Law No. 3093, and the provisions on the Radio and Television Supreme Board by Law No. 3984. The core remaining in the Law is the broadcasting principles, liability, the right of reply and the personnel regime.