81578 - Cultural Heritage and Activities Law (1) (LM)

Learning outcomes

By the end of the course, students will have acquired fundamental juridical knowledge concerning the organisation and activities of public administration in general, with particular attention to the norms for the safeguard and promotion of cultural heritage, and for the promotion, management and support of artistic activities. Such skills, which are necessary to pass any competitive selection organised by public institution, will also allow students to operate with the appropriate method and awareness in any public cultural structure (public authorities, local departments, museums, libraries, archives, film archives) or private institution (foundations, galleries, audio-visual and multimedia production centres).

Course contents

Part I – Introduction to Administrative Law

This part aims to provide an in-depth study of the essential institutions of public administration law, which constitute the foundation for the subsequent sector-specific analysis.

Constitutional Principles on Public Administration

The Evolution of Public Administration in Italy

Organization of Public Administration

• Public Entities

• Organs and Offices

• Politics and Administration

• Ministries, Agencies, and the Peripheral Organization of the State

• Independent Authorities

• Instrumental Bodies

• Regions and Local Authorities (overview)

 

Administrative Activity

• Principles of Administrative Activity

• Administrative Procedure

• Administrative Acts and Their Legal Regime

• Private Law Activities of Public Administration (overview)

• Public Services

 

Part II – Law of Cultural Heritage and Activities

This part, after an overview of the historical evolution, aims to analyze the essential legal aspects of cultural heritage law, focusing on organizational profiles and the functions of protection and enhancement.

• The Evolution of the Regulation on Cultural Heritage and Activities in the Administrative System

• Constitutional Values of Aesthetics, Art, and Culture

• The Ministry of Cultural Heritage and Activities

• Definition and Characteristics of Cultural Heritage

• Protective Actions for Cultural Heritage

• Enhancement of Cultural Heritage

• Overview of the Promotion of Cultural Activities

 

Students with Specific Learning Disabilities (SLD) or Temporary/Permanent Disabilities:
It is recommended to contact the relevant University office immediately (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) as well as the instructor to collaboratively identify the most effective strategies for attending lectures and/or preparing for the exam

Readings/Bibliography

Part I

M. Clarich, Manuale di diritto amministrativo, sesta edizione, Il Mulino, 2024, limited to chapters 1, 2, 4, 5, 8, 9.

o, as an alternative,

F. Merloni, Istituzioni di diritto amministrativo, quarta edizione, Giappichelli, 2022, limited to chapters 1, 3, 6, 7, 9, 10, 18, 19, 20, 21

For foreign students I suggest reading :
G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2022, limited to chapters 1,2,5,6,7,11,12,13

 

Part II

C. Barbati, M. Cammelli, L. Casini, G. Piperata, G. Sciullo, Diritto del patrimonio culturale, Il Mulino, 2020
limited to chapters:
I. Patrimonio e beni
II. Organizzazione e soggetti, parr. 1-5, 7
III. Tutela, parr.1-3
IV. Valorizzazione e gestione

Daniele Donati, Governare l’inafferrabile. La cultura nella disciplina normativa e nella prassi amministrativa, in Munus 2017 n. 2 del 2017 pp. 256 e ss.

 

FOR THE STUDENTS OF GEOGRAPHY AND TERRITORIAL PROCESSES:

• G. Rossi, Diritto dell'ambiente, G. Giappichelli, 2021 relativamente a Parte I, capitoli II, III, IV, V, VI
  

• V. Mazzarelli, voce L'urbanistica e la pianificazione territoriale, in S. Cassese, Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo IV, p. 3335 e ss.

Teaching methods

The course is taught in frontal lessons.

Attendance at lectures is strongly recommended, especially for students who do not have university-level legal knowledge.

Attendance in the classroom will be randomly checked to qualify students as "attending" students, and allow them to access the preliminary written test in simplified form (see the section Learning assessment methods)

A seminar on method and tools of legal research is foreseen, the attendance of which is compulsory for students who intend to support their degree thesis in this subject.

There will also be some seminars aimed at deepening the knowledge of particularly relevant or topical aspects, to which scholars, representatives of institutions, professionals and experts in the field will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAM (for Italian-speaking students)

The exam takes place on the first day of the exam session.

The exam consists of two parts: the first part includes 20 multiple-choice questions, and the second part includes 3 open-ended questions.

The multiple-choice test is preliminary and preparatory to the open-ended exam: it is considered passed with at least 15 correct answers out of 20. For attending students, this preparatory test is considered passed with 12 correct answers out of 20.

The final grade is determined solely by the result of the open-ended questions, which is the same for all students.

Therefore:

• if a student answers fewer than 15 questions correctly in the first part (or fewer than 12 for attending students), they will not be allowed to take the second part, and their exam will end.

• if a student answers at least 15 questions correctly (or at least 12 for attending students) in the first part, they will proceed to the second part. The examination board will then correct and evaluate the open-ended questions.

Seating in the exam room is limited; therefore, to avoid long waiting times outside, students will be divided and called in shifts according to alphabetical order. The shifts will be communicated via email shortly before the exam day.

 

2. OPTIONAL ORAL EXAM

Students who pass the written exam may request to take an oral exam in order to improve their grade on the open-ended questions.

In such cases, the request must be sent to dar.didatticadonati@unibo.it within 48 hours of the publication of the written exam results.

Alternatively, if no request is made within five days from the publication of results, the grade will be automatically recorded.

 

3. EXAMS FOR NON-ITALIAN SPEAKING STUDENTS

Non-Italian speaking students have the option to take the oral exam on the same day as the written exam by:

• booking via email at dar.didatticadonati@unibo.it

• registering for the written exam as well.

 

Students with Specific Learning Disabilities (SLD) or Temporary/Permanent Disabilities:
Students are advised to contact the relevant University office in advance (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ). The office will propose any necessary accommodations, which must be submitted at least 15 days in advance for approval by the instructor, who will assess their appropriateness in relation to the learning objectives of the course.

Teaching tools

Further course materials will be available on "Virtuale".

Links to further information

https://www.unibo.it/sitoweb/daniele.donati/

Office hours

See the website of Daniele Donati