Cultural Property Law
A.Y. 2023/2024
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
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. 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
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.
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.
Surname E-N
Responsible
Lesson period
First semester
Course syllabus
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 examination of attending students (having less than ten hours of absence) will be based only on the topics explained during the lessons.
The examination of attending students (having less than ten hours of absence) will be based only on the topics explained during the lessons.
Prerequisites for admission
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.
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.
Teaching Resources
GENERAL PART:
Colantonio, I nuovi beni culturali, Key Editore, Milano, 2022
INSIGHTS:
Tocci, Il regime giuridico dei beni culturali di interesse religioso, Pacini Giuridica Editrice, Pisa, 2017
Tocci, Lineamenti sul contratto di sponsorizzazione dei beni culturali. Filodiritto Editore, Bologna, 2015.
Suggested consultation of the review "Aedon" (Il Mulino) and of an updated regulatory collection.
Teachers's slide will be available.
Other texts may be indicated.
Colantonio, I nuovi beni culturali, Key Editore, Milano, 2022
INSIGHTS:
Tocci, Il regime giuridico dei beni culturali di interesse religioso, Pacini Giuridica Editrice, Pisa, 2017
Tocci, Lineamenti sul contratto di sponsorizzazione dei beni culturali. Filodiritto Editore, Bologna, 2015.
Suggested consultation of the review "Aedon" (Il Mulino) and of an updated regulatory collection.
Teachers's slide will be available.
Other texts may be indicated.
Assessment methods and Criteria
The exam consists exclusively of a written test, with free development of one track (not multiple choice tests) on the topics of the program.
These benchmarks will be evaluated, with a range for anyone from 0 to 10 points:
- thematic coherence;
- language skills;
- originality of reworking.
During the exam, consultation of any text will be prohibited; students will be able to refer to regulatory collectios exclusively.
These benchmarks will be evaluated, with a range for anyone from 0 to 10 points:
- thematic coherence;
- language skills;
- originality of reworking.
During the exam, consultation of any text will be prohibited; students will be able to refer to regulatory collectios exclusively.
Surname 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.
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
A. Roccella, Manuale di Legislazione dei beni culturali, Bari, Cacucci, last edition.
The students will also have to use the academic materials that will be available online, on the website of the course (Ariel).
The students will also have to use the academic materials that will be available online, on the website of the course (Ariel).
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.