Laws on cultural heritage

A.Y. 2020/2021
6
Max ECTS
40
Overall hours
SSD
IUS/10
Language
Italian
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.
Course syllabus and organization

(A-D)

Responsible
Lesson period
First semester
The lessons will be held on the Microsoft Teams platform and can be followed both synchronously based on the first semester timetable and asynchronously because they will be recorded and left available to students on the same platform.

Program and reference material
The program and reference material will not be affected.

Learning assessment procedures and assessment criteria
The exam will take place in written form using the Microsoft Teams platform or where the regulations concerning the distancing allow it in presence, always in writing form.
The methods for verifying learning and the evaluation criteria used in the remote exams are the same as those provided for in-person exams. For further information on these methods and criteria, please refer to the specific section relating to examinations under the ordinary regime.
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.
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.
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.
We recommend using the following manual:
A. ROCCELLA, Legislazione dei beni culturali, Bari, Cacucci, latest edition.
Assessment methods and Criteria
Methods of the exam
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)

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
Teaching methods
The classes will be held on the Microsoft Teams platform and they can be followed both in sync based on the time of the academic calendar and asynchronously because they will be recorded and left available to students on the same platform.

Program and reference material
The program and the reference material will not change.

Verification of learning and evaluation criteria
The exam will take place in written form using the Exam.net platform or, where the regulation concerning the distancing allows it in presence always, in written form. The learning verification methods and the assessment criteria used in the distance examinations are the same as those for the face-to-face exams.
Course syllabus
History of cultural heritage legislation. 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. The notion of cultural asset. Different cathegories of cultural assets. Public and private cultural heritage. Cultural heritage modifications. The alienation of cultural assets. The cultural heritage's export. Archaeological Heritage. Archaeological excavation. Protection and enhancement of cultural heritage. The cultural heritage administration.
Prerequisites for admission
Students have to know preliminary knowledge of Italian written and oral language. Students have to know also general notions of civic education
Teaching methods
Professor will conduct the course through:
a) Lectures
b) Exercises
Teaching Resources
A. Roccella, Manuale di Legislazione dei beni culturali, Bari, Cacucci, last edition. Attending ad not attending students will also use the other accademic materials available online. The study of the Cultural heritage code is recommended, available online.
Assessment methods and Criteria
Written exam: the exam will be at the end of the course and it is made up of three questions on the program analysed during the course; the time available is about 20 minutes for each question.
The final grade will be decided by the Professor on the basis of both the correctness and completeness of the given answers.
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