Learning objectives
The course aims at providing the student with the basic knowledge essential to the study and understanding of administrative law and legislation on cultural heritage. At the end of the course the student should have acquired the ability to understand and critically evaluate the principles, substantial and procedural rules governing the organization and functioning of the public administration and the protection and preservation of cultural heritage in relation to individual rights (and, in particular, to the property). He will also have to demonstrate proper understanding of the historical path that led to the current discipline. In the light of the knowledge he will be able to present his thesis with the language and the arguments appropriate to the specific legal field.
Prerequisites
- - -
Course unit content
The course presents the main issues related to administrative law and in particular to the scientific field of the cultural heritage law. Will be examined institutions and principles such as the rule of law, the administrative procedure, the discretion, the pathology and the judicial protection in this matter. It will be examined the evolution of legislation on the protection and promotion of cultural heritage from the pre-unification states up to the most recent legislation introduced by the "Codice Urbani" of 2004, as amended (Legislative Decree 156 of 2006 and 62 of 2008). Among the more specific topics covered: constitutional principles and institutions in the field of administrative law that govern the concept of cultural property, the identification of these assets (verification and declaration of cultural interest), the movement restrictions of cultural properties and, finally, the issues of conservation/protection and the use (individual and collective) and enhancement (field of regional competence) of the assets. In particular:
1. Origins and role of administrative law.
2. Administrative organization overview.
3. Legislation and administrative procedure.
4. The unlawful administrative action and its remedies.
5. Historical origins of the problem of the protection of heritage.
6. The concept of cultural property.
7. Typology of cultural heritage.
8. Various ways of identifying cultural heritage.
9. Structure, nature and character of cultural heritage.
10. Legal status of cultural heritage.
11. The functions and institutions: protection and preservation.
12. The limits on the movement of goods and rights
13. Fruition collective and individual use.
14. Valorisation activities.
15. Administrative penalties.
16. Subjects: State, local authorities and private individuals.
17. The organization of MIBAC (central and local)
18. The instrumental companies
19. The forms of management
20. The economic dimension of cultural heritage
Full programme
- - -
Bibliography
G. SCIULLO, L’organizzazione amministrativa. Principi, Giappichelli Torino 2013;
ALBERTO ROCCELLA, Legislazione dei beni culturali, Bottega del libro, Parma 2014 (for students no triennal course);
DIEGO VAIANO, La valorizzazione dei beni culturali, Giappichelli, Torino 2011;.
Finally, again, for a historical contextualization, but highly critical of the topics covered in the course, it requires reading T. MONTANARI, A. LEONE, P. MADALENA, S. SETTIS, Costituzione incompiuta. Arte, paesaggio, ambiente, Einaudi, Torino 2013.
For students who could not attend classes, or for those who wish to look into the matter more deeply, the book of Roccella should be replaced with:
CARLA BARBATI, MARCO CAMMELLI, GIROLAMO SCIULLO (a cura di), Diritto e gestione dei beni culturali, il Mulino, Bologna 2011
The consultation of the Code of Cultural Heritage (www.aedon.mulino.it) may also be an essential aid to the student.
Teaching methods
The teaching method will be mainly that of lectures, eventually supplemented by seminars and tutorials, methods that will enable students to achieve the learning objectives indicated also through the fruitful discussion of themes and case law with the teacher.
Assessment methods and criteria
Oral exam. The verification of the student skills will take place through at least two direct questions in order to assess the level of learning of the legislation, its historical evolution and its complex relationship with the arts. The ability to communicate will be assessed by evaluating the student's ability to provide comprehensive definitions, to use the appropriate terminology and to clarify the meaning of specific expressions. Learning skills will be assessed by the verification of various answers. The pass mark will be achieved only positive outcome of this overall assessment
Other information
- - -
