Laws On Cultural Heritage
A.Y. 2024/2025
Learning objectives
The course has the preliminary aim of providing some general legal notions (sources of law, relations between national and supranational law, general principles of administrative law, ). Specifically, the course's objective is to provide the general knowledge (domestic and supranational) of cultural heritage law.
Expected learning outcomes
At the end of the course students will be required to demonstrate the following skills:
- Understanding and analysis of legal problems analysed in class, in the textbook and in the other academic materials available online. Students will have to be able to finalise the learnt legal notions and the knowledge related to the course's programme for the specific needs stemming from the practical cases discussed in class.
- Ability to find concrete solutions to practical cases. Students will have to demonstrate the ability to identify effective solutions to the identified legal problems, in accordance to the specificities and purposes of the considered legal applicable discipline.
- Understanding and analysis of legal problems analysed in class, in the textbook and in the other academic materials available online. Students will have to be able to finalise the learnt legal notions and the knowledge related to the course's programme for the specific needs stemming from the practical cases discussed in class.
- Ability to find concrete solutions to practical cases. Students will have to demonstrate the ability to identify effective solutions to the identified legal problems, in accordance to the specificities and purposes of the considered legal applicable discipline.
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
(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. The text of the Code of cultural heritage and landscape can be found on the course website of the Ariel online educational platform, with access from the home page of the website www.Unimi.it.
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. The text of the Code of cultural heritage and landscape can be found on the course website of the Ariel online educational platform, with access from the home page of the website www.Unimi.it.
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 consists exclusively of a written test, with free development of three tracks (not multiple choice tests) on the topics of the program, as dealt with in class, illustrated in the manual and in the teaching materials made available to students and defined by the subject regulations of study. The time available to students is about 15/20 minutes for each track.
Unita' didattica A
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
Unita' didattica B
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
(E-N)
Responsible
Lesson period
First semester
Unita' didattica A
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
Unita' didattica B
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
(O-Z)
Responsible
Lesson period
First semester
Course syllabus
Law principles. 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 when he does the test.
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.
The lessons will provide a general framework of the topics included in the program.
During the year, we will invite other researchers, professors or experts for some focusing lectures.
We will announce to the students the organization of seminars, workshops and/or conferences, so they will be able to partecipate.
On the Ariel e-learning page (ariel.unimi.it) the students will be able to find the calendar of the lessons and all the news about the course.
The lessons will provide a general framework of the topics included in the program.
During the year, we will invite other researchers, professors or experts for some focusing lectures.
We will announce to the students the organization of seminars, workshops and/or conferences, so they will be able to partecipate.
On the Ariel e-learning page (ariel.unimi.it) the students will be able to find the calendar of the lessons and all the news about the course.
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, last edition.
or:
A. Roccella, Manuale di Legislazione dei beni culturali, Bari, Cacucci, last edition.
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.
Unita' didattica A
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
Unita' didattica B
IUS/10 - ADMINISTRATIVE LAW - University credits: 3
Lessons: 20 hours
Professor(s)