Laws On Cultural Heritage
A.Y. 2025/2026
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 cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
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
For attending students, the teaching and exam program will be agreed upon and defined in detail during the lessons.
In any case, all students, whether attending or not, are required to have a detailed and in-depth knowledge of the provisions contained in the Cultural Heritage and Landscape Code (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 of the national, European and international regulations mentioned therein.
The study and knowledge of the following manual is required:
- F. GAFFURI (a cura di), Diritto dei beni culturali, Le Monnier editore, Milano, 2023 (excluding CHAPTER 9).
Knowledge of national and European regulations and international conventions reported in the first part (pages 3 - 369) of the following textbook is also required:
- F. GAFFURI (a cura di), Casi e materiali per lo studio del diritto dei beni culturali, Le Monnier editore, Milano, 2025.
In any case, all students, whether attending or not, are required to have a detailed and in-depth knowledge of the provisions contained in the Cultural Heritage and Landscape Code (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 of the national, European and international regulations mentioned therein.
The study and knowledge of the following manual is required:
- F. GAFFURI (a cura di), Diritto dei beni culturali, Le Monnier editore, Milano, 2023 (excluding CHAPTER 9).
Knowledge of national and European regulations and international conventions reported in the first part (pages 3 - 369) of the following textbook is also required:
- F. GAFFURI (a cura di), Casi e materiali per lo studio del diritto dei beni culturali, Le Monnier editore, Milano, 2025.
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.
The specific procedures for taking the exam are indicated on the notice board contained in the Ariel website of Prof. Federico Gaffuri, relating to the teaching of Legislation of Cultural Heritage. Students are invited to consult the aforementioned website before taking the exam.
The specific procedures for taking the exam are indicated on the notice board contained in the Ariel website of Prof. Federico Gaffuri, relating to the teaching of Legislation of Cultural Heritage. Students are invited to consult the aforementioned website before taking the exam.
(E N)
Responsible
Lesson period
First semester
(O Z)
Responsible
Lesson period
First semester
Professor(s)