Learning objectives
The course aims to provide the student with the fundamental basic knowledge for the study and understanding of cultural heritage law. At the end of the course, he/she will have acquired the ability to know and critically evaluate the principles, substantive and procedural rules relating to the protection and conservation of cultural heritage in the balance with individual rights, in particular property rights.
At the end of the course, he/she will have acquired the ability to know and critically evaluate the principles, substantive and procedural rules relating to the protection and conservation of cultural heritage in the balance with individual rights, in particular property rights. They will also have to demonstrate an adequate understanding of the historical path that led to the current discipline.
On the basis of the knowledge acquired, they will be able to illustrate their theses with the language and arguments appropriate to a legal subject such as it is, even with the specifically cultural and art history characteristics that run through it.
Prerequisites
No specific requirements.
Course unit content
The course aims to examine the evolution of the regulatory framework on the protection and enhancement of cultural heritage starting from the pre-unification States up to the most recent legislation introduced with the Cultural Heritage Code of 2004 and subsequent amendments (Legislative Decree 156 of 2006 and 62 of 2008).
Among the most specific topics covered: the constitutional principles on the subject and the institutions of administrative law that regulate it, the concept of cultural heritage, the identification of such assets (the verification and declaration of cultural interest), the limits to their circulation, and finally the issues of conservation/protection and use (individual and collective) as well as enhancement (of predominantly regional competence) of the assets themselves
Full programme
1. Historical origins of the problem.
2. The notion of cultural property.
3. The typology of cultural heritage.
4. The various ways of identifying cultural heritage.
5. Structure, nature and character of cultural heritage.
6. Legal status of cultural property.
7. Functions and institutions: protection and conservation.
8. Restrictions on the movement of rights and goods
9. Collective and Individual Use.
10. Enhancement activities.
11. Administrative Sanctions.
12. Subjects: State, local authorities and private individuals.
13. The organization of MIBAC, central and peripheral
14. Instrumental companies
15. Forms of management
16. The economic dimension of cultural heritage
17. Artificial Intelligence and Art
Bibliography
M. Ainis, M. Fiorillo, L' ordinamento della cultura. Manuale di legislazione dei beni culturali, Giuffrè, 2022
S. Lombardi, Diritto dei beni culturali, Cedam, 2021
It is recommended to read the magazine:
"Aedon, Rivista delle arti e diritto on line": http://www.aedon.mulino.it
Teaching methods
Frontal lessons.
The teaching method followed will be mainly that of lectures possibly integrated with seminars and exercises, all of which must allow students to achieve the training objectives indicated also through the fruitful discussion of topics and case law with the teacher.
Assessment methods and criteria
Oral exam. The assessment of the student's preparation will take place through the position of at least two questions aimed at verifying the level of learning of the legislation, its historical evolution and its complex relationships with the arts. The ability to communicate will be assessed by evaluating the student's ability to provide exhaustive definitions, to use the appropriate technical terminology and to clarify the meaning of specific expressions.
Other information
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