CONSTRUCTION LAW ENVIRONMENTAL AND CULTURAL HERITAGE LAW
cod. 1008322

Academic year 2022/23
2° year of course - First semester
Professor
- Matteo SOLLINI
Academic discipline
Diritto amministrativo (IUS/10)
Field
"discipline economiche, sociali, giuridiche per l'architettura e l'urbanistica"
Type of training activity
Characterising
40 hours
of face-to-face activities
4 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives

Knowledge and learning skills:
At the end of the course, the student will have acquired a specific preparation in the field of building activities (Building Law) and landscape discipline (Code of Cultural Heritage and Landscape), also following the examination of practical cases
The student will also acquire the basic knowledge and skills of the discipline of reference, to address, in the future, a deepening and independent evaluation of these aspects, certainly necessary for the performance of the profession, either in a free form or under the authority of a public administration.
Skills:
At the end of the course of study, the student will have learned the procedures for the training on buildings subject to landscape or cultural restrinctions, as well as the rules governing them. The student will be able, therefore, to educate, independently, the main requirements related to these procedures, now consisting, mainly, in the compilation of single forms prepared both at national and regional level.
Ability to communicate:
Upon passing the exam the student must have a sufficient property of language, at least as regards the specific technical-legal terminology of the course.

Prerequisites

Good dominance of Italian language

Course unit content

- the regulation of building activities in general;
- the Building Regulations, the Municipal Building Commission and the Building Point of contact;
- permission to build;
- the certified start-of-activity report (s.c.i.a.) and the previous start-of-activity report (d.i.a.);
- the c.d. "super d.i.a.";
- planning and construction offences;
- the general discipline of the landscape (historical and evolutionary elements); - the role and powers of the Superintendents, as peripheral branches of the MIBAC;
- the nature and procedure for establishing the landscape restriction;
- the relationship between building activity and landscape protection;
- the general rules governing cultural goods;
- Direct and indirect cultural restrictions

Full programme

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Bibliography

G. PAGLIARI, Manuale di diritto urbanistico, Milano, Giuffrè Francis Lefebvre, 2019 (ISBN 9788828815792), limited to the following parts: Parte Terza (Premessa and Chap. I,II,III,IV,V,VI,VII,VIII,IX); Parte Quarta (entirely); Parte Sesta (Chap. I,II,III).

Teaching methods

The course is divided into a series of lectures of active learning (in the classroom, in the presence), during which will always be reserved a dialogue with the classroom. A number of examples of the practical application of individual legal systems will be given at the level of each topic. All the legislation mentioned or analyzed in the classroom will be made available at the individual lessons and will be an integral part of the learning and exam program. If, due to the continuing health emergency from Covid-19, it is necessary to carry out the lessons at a distance, it will proceed in synchronous mode, through Application Teams, after appropriate communication to the students.

Assessment methods and criteria

The examination of the preparation consists of a written test (test), and a possible optional oral test, to be held on the same day of execution of the written test, and immediately after its correction by the teacher.
The exam consists of a written test, lasting 40 minutes, consisting of 11 questions, of which 10 with closed answer, and one with open answer.
Each closed question presents three possible answers, of which only one is correct.
The maximum score achieved by passing the test is 27/30.
The test consists of n. 2 closed-ended questions, each with a value of 1 point, n. 3 closed-ended questions, each with a value of 2 points, and n. 5 closed-ended questions, each with a value of 3 points.The open-ended question has a value of 4 points. The evaluation of the answer given to the open-ended question - from 0 to 4 points - is based on the verification of the mastery of the Italian language and the technical vocabulary of the discipline, as well as on the completeness, relevance and coherence of the answer, in relation to the subject matter of the question.
In case of successful completion of the test, that is with the achievement of a score of at least 18/30 (sufficiency), the student has the right to accept or refuse the vote.
In case of simple acceptance, the subsequent verbalization will be carried out electronically.
In case of acceptance of the grade obtained at the result of the written test, but with request for oral integration, the student immediately submits to oral test.
In case of refusal of the grade obtained at the result of the written test, the student may reapply at the next appeal, after appropriate preparation.
During the tests administered (compulsory test and optional oral interview), the student will be evaluated, as a priority, in relation to the following parameters:
a) adequate ability of linguistic exposure (written and oral) of the concepts, with good command of the technical-legal vocabulary acquired;he supplementary oral test.
b) the ability to identify and enhance the links between the different institutions of building law and cultural and landscape heritage, demonstrating consistent and systematic preparedness, that it does not develop as a mere summation of apparently independent macro-arguments;
c) adequate reasoning ability, which disregards the formal acquisition and uncritical repetition of normative data purely literal.
If, due to the continuing health emergency from Covid-19, it is necessary to integrate the performance of the examinations of profit with the remote mode, the written test will be replaced by an oral exam, by administration of n. 4 questions, the first of which - always having as its object the system of sources of law - will be of a preliminary nature, in the sense that the incorrect or omitted answer to this question will not allow the continuation of the oral examination.

Other information

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