ADMINISTRATIVE LAW FOR ARCHITECTURE AND URBAN PLANNING
cod. 1008320

Academic year 2024/25
2° year of course - First semester
Professor responsible for the course unit
Matteo SOLLINI
integrated course unit
8 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 urban planning, passive public contracts (Code of public contracts), 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 of urban planning tools, for participation in public tenders, for the localization of public works, and for the issuance of qualifications, also in areas or on buildings subject to landscape or cultural constraints, 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 command of the Italian language

Course unit content

- Constitutional profiles and general principles of administrative law (sources of law);
- Urban planning: general aspects;
- General operational town planning: general town development plan and manufacturing programme;
-Ordinary Implementation Urban Planning: Spatial: Detailed Plans, PEEP and Zoning Plans;
- Urban regeneration: content and objectives, with particular reference to L.R. Emilia Romagna n. 24/2017
- the arrangements for locating public works;
- Public contracts: introduction, applicable definitions and general principles
- Typical stages of custody procedures
- The requirements (and qualification if any) of participants in public evidence procedures
- Procedures for the selection of private contractors
- Selection criteria for tenders and criteria for the identification and verification of abnormally low tenders
- The award of architectural and engineering services
- Design competitions and ideas competitions
- 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 constraint;
- 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. Updated on d.l. 18. April 2019, n. 32, converted to l. 14 June 2019, n. 55, Milan, 2019, publisher Giuffrè Francis Lefebvre (ISBN 978882888815792). The text should be studied only in the following parts: Part One (whole); Part Two (Chap. I,II,IV,V,VI,VII,VIII,X,XI,XII,XIV,XVI,XVII,XVIII,XIX); Part Three (Foreword, and Chap. I,II,III,IV,V,VI,VII,VIII,IX); Part Fourth (whole); Part Sixth (Chap. I,II,III).For the part of the course related to public works, with particular regard to public contracts, will be made available on the portal Elly a short resume prepared by the teacher.

Teaching methods

The course is divided into two modules of lectures (in the presence, in the classroom) of active learning, during which will always be reserved a space dialogue with students. 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, where relevant in relation to the individual contents of the program, will be made available on the Elly portal, at the individual lessons, and will be an integral part of the learning and examination program. If, due to the continuing health emergency from Covid-19, it is necessary to carry out the lessons at a distance, we will proceed in synchronous mode, through Microsoft Teams, after appropriate communication to 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 administration 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 urban planning law, public works, construction 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 interview, 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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2030 agenda goals for sustainable development

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