Cultural Property Law
A.Y. 2024/2025
Learning objectives
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage.
There are no supplementary didactic activities and exercises.
There are no supplementary didactic activities and exercises.
Expected learning outcomes
Knowledge: at the end of the course the student, who has successfully learned the subject, will have acquired full mastery of the topics covered in class and illustrated in the manual and in the related teaching materials.
Skills: the course aims to provide students with detailed and in-depth knowledge of the legislative discipline - national, European and international - of cultural heritage, in particular of the discipline contained in the Code of cultural heritage and landscape (Legislative Decree no. . 42/2004 and the rules and conventions referred to therein); The course also aims to make the student acquire or develop the ability to correctly set and solve practical problems in the light of the notions, principles and rules under study.
Skills: the course aims to provide students with detailed and in-depth knowledge of the legislative discipline - national, European and international - of cultural heritage, in particular of the discipline contained in the Code of cultural heritage and landscape (Legislative Decree no. . 42/2004 and the rules and conventions referred to therein); The course also aims to make the student acquire or develop the ability to correctly set and solve practical problems in the light of the notions, principles and rules under study.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surmane O-Z
Responsible
Lesson period
First semester
Course syllabus
Administrative Law Principles. Cultural heritage law under "Cultural heritage code" (d.lgs. January 22 of 2004, n. 42). Cultural heritage law under EU law. Cultural heritage law under international law.
Prerequisites for admission
The student has to use correctly the Italian language.
Teaching methods
Frontal lessons with an active participation of the students, assured also by planning some lectures referring to the law and to the jurisprudence.
Teaching Resources
F. Gaffuri (a cura di), Diritto dei beni culturali, Mondadori, ultima edizione disponibile.
or:
A. Roccella, Manuale di Legislazione dei beni culturali, Bari, Cacucci, ultima edizione disponibile.
or:
A. Roccella, Manuale di Legislazione dei beni culturali, Bari, Cacucci, ultima edizione disponibile.
Assessment methods and Criteria
The final exam is a written test (open-ended questions) that is related to the topics included in the program of the course.
The evaluation will consider not only the correctness and the completeness of the answers, but also the language used.
The evaluation will consider not only the correctness and the completeness of the answers, but also the language used.
Surname A-D
Responsible
Lesson period
First semester
Course syllabus
Presentation of the course
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage; the protection of modern and contemporary works of art; the general regulation of landscape and landscape assets.
There are no supplementary didactic activities and exercises.
The course includes lectures by the teacher on the following topics: the history of legislation on cultural heritage; the regulation of cultural heritage in the European Union; the main international conventions concerning cultural heritage; legislative and administrative competences in the field of cultural heritage legislation; the internal organization of the Ministry for Cultural Heritage and Activities (MiBAC); the discipline of cultural heritage contained in the Code of cultural heritage and landscape (legislative decree 22 January 2004, n. 42); the notion of cultural property; the different categories of cultural heritage; cultural assets of public and private property; the methods of ascertaining and verifying the cultural nature of private and public assets; the forms of protection, conservation and protection of cultural heritage; modifications of cultural heritage; the circulation, trade and alienation of cultural assets at national level; international circulation and within the European Union; the removal of cultural assets from the national territory and the return of cultural assets illegally imported into Italy; archaeological assets; archaeological excavations and fortuitous finds; the expropriation of cultural assets, the use of public cultural assets by private entities; the use of institutes and places of culture; access to public and private cultural assets; forms of management of publicly owned cultural assets; the enhancement of cultural heritage; the consultation of documents contained in public and private archives; the criminal, civil and administrative sanctions established in the event of violation of the rules for the protection of cultural heritage; the protection of modern and contemporary works of art; the general regulation of landscape and landscape assets.
There are no supplementary didactic activities and exercises.
Prerequisites for admission
Prerequisites
Students are required to make up for any shortcomings in lower grade studies in advance. The ability to express oneself correctly in Italian, in written and oral form, is required, without spelling, grammar and syntax errors. Basic notions of constitutional law, private law and civic education are also required.
Students are required to make up for any shortcomings in lower grade studies in advance. The ability to express oneself correctly in Italian, in written and oral form, is required, without spelling, grammar and syntax errors. Basic notions of constitutional law, private law and civic education are also required.
Teaching methods
Teaching is provided through lectures, in which, however, the active participation of participants is promoted in order to discuss problems and practical cases. This teaching method will enable students to acquire and hone their skills in the critical reworking and practical application of the legal concepts presented by the teacher. The use of e-learning teaching materials on the Ariel platform is no planned. Course attendance, although strongly recommended, is not compulsory.
Teaching Resources
Bibliographic indications
For those attending, the teaching and examination program will be agreed and defined in detail during the lessons.
In any case, all students, attending and non-attending students, are required to study an updated manual of cultural heritage legislation, chosen by the student, and of the rules referred to therein.
In particular, all students, both attending and non-attending students, are required to have precise and in-depth knowledge of the provisions contained in the Code of Cultural Heritage and Landscape (Legislative Decree 22 January 2004, no. 42, and subsequent amendments), concerning the regulation of cultural heritage (articles 1-130, 160-166 and 169-180), and the national, European and international regulations mentioned therein. As regards, specifically, the European and international regulation of cultural heritage, is required the knowledge of the EU conventions and standards indicated in the manual F. GAFFURI (a cura di), Diritto dei beni culturali, Milano, Le Monnier, 2023 (cap. III, pagg. 29-64).
We therefore recommend using the last mentioned manual:
F. GAFFURI (a cura di), Diritto dei beni culturali, Milano, Le Monnier, 2023 (except chapter 9).
For those attending, the teaching and examination program will be agreed and defined in detail during the lessons.
In any case, all students, attending and non-attending students, are required to study an updated manual of cultural heritage legislation, chosen by the student, and of the rules referred to therein.
In particular, all students, both attending and non-attending students, are required to have precise and in-depth knowledge of the provisions contained in the Code of Cultural Heritage and Landscape (Legislative Decree 22 January 2004, no. 42, and subsequent amendments), concerning the regulation of cultural heritage (articles 1-130, 160-166 and 169-180), and the national, European and international regulations mentioned therein. As regards, specifically, the European and international regulation of cultural heritage, is required the knowledge of the EU conventions and standards indicated in the manual F. GAFFURI (a cura di), Diritto dei beni culturali, Milano, Le Monnier, 2023 (cap. III, pagg. 29-64).
We therefore recommend using the last mentioned manual:
F. GAFFURI (a cura di), Diritto dei beni culturali, Milano, Le Monnier, 2023 (except chapter 9).
Assessment methods and Criteria
The exam is an oral interview focusing on the entire course curriculum; the final judgement is expressed in thirtieth on the basis of the answers given by the student to the questions asked by the examiner. The exam is designed to verify, in addition to the knowledge of the topics dealt with in the lessons and in the manuals adopted, the student's ability to deal with and solve, in an autonomous way, legal issues through the critical reworking of the notions acquired and, in the event of participation in the lessons, the understanding and ability to evaluate the cases dealt with. There are no intermediate written or oral tests.
Surname E-N
Responsible
Lesson period
First semester
Course syllabus
The syllabus is shared with the following courses:
- [C-147](https://www.unimi.it/en/ugov/of/af202500000c-147)
- [C-147](https://www.unimi.it/en/ugov/of/af202500000c-147)