23899 - DIRITTO DEI BENI CULTURALI

Learning outcomes

By the end of the course, students will have acquired a solid understanding of Italian state legislation on the protection and valorisation of cultural heritage, with particular focus on the organisation of the Ministry of Culture and on the provisions of the Cultural Heritage and Landscape Code (Legislative Decree No. 42 of 22 January 2004).

Course contents

The course consolidates and deepens the legal knowledge acquired during the Bachelor’s degree programme, with particular regard to the operational application of legislation and to the skills required in competitive examinations for officials of the Ministry of Culture (MiC). An initial alignment phase provides all enrolled students with a common legal terminology and conceptual framework [see: Texts/Bibliography].

The course is divided into two parts.

(I) Constitutional and administrative framework, organisation of the MiC and the Code of Cultural Heritage and Landscape

The first part focuses on the constitutional principles and essential elements of administrative law applied to cultural heritage, with particular attention to administrative procedures, acts of public administration and the organisation of the Ministry of Culture.

The course examines the role of the MiC’s central and peripheral offices, the competences of the Soprintendenze, and a selective reading of the Code of Cultural Heritage and Landscape, with attention to the main procedures concerning protection, conservation, circulation, public access and enhancement.

It also introduces the essential notions concerning landscape protection: the legal definition of landscape, landscape assets, landscape planning, landscape authorisation and the role of the Soprintendenze. This topic is addressed in a selective and applied manner, as an integral part of the system of the Code.

(II) Governance of cultural heritage and international dimension

The second part addresses the governance of cultural heritage in its international and multilevel dimension, with an applied approach. 

The legal instruments are examined through practical cases and professional issues, with attention to the relationship between protection, enhancement, administrative procedure, accessibility, tourism, sustainability, cultural identity and decolonization.

During the lectures, simulations of multiple-choice questions are proposed, modelled on the competitive examinations of the Ministry of Culture, with the aim of self-assessment and consolidation of knowledge.

The schedule of individual lectures is available on virtuale.unibo.it.

Readings/Bibliography

Attending students and working/athlete students
For the final examination these students may rely on:

• the notes taken during lectures;
• the lecture slides;
• any supplementary files (PDF, Kindle format) uploaded to the course page on virtuale.unibo.it.

C. BARBATI, M. CAMMELLI, L. CASINI, et.al., 2025. Diritto del patrimonio culturale, Il Mulino, Bologna (Chapters 3, 4 and 5 only)

• F. GARUFFI (a cura di), Casi e materiali per lo studio del diritto dei beni culturali, Le Monnier Università, 2025.  This volume is particularly recommended to support classroom activities and individual study.

Non-attending students
Students who do not attend classes must prepare the examination on the same textbook:
• C. BARBATI, M. CAMMELLI, L. CASINI, et al. (2025), Diritto del patrimonio culturale, Il Mulino, Bologna.

Preparatory reading

Students who—whether they attend the course or not—did not pass a Cultural-Heritage Law exam during their Bachelor’s degree are strongly advised to read in advance:
• A. ROCCELLA (2025), Legislazione dei beni culturali, Cacucci, Bari.

Teaching methods

Lectures are supported by slides and guided discussion of practical cases. Attending students actively participate through discussion of the topics covered and of applied questions.

During the course, self-assessment activities are proposed, including simulations of multiple-choice questions modelled on the competitive examinations of the Ministry of Culture. These simulations have a formative purpose and do not constitute intermediate tests with separate assessment.

The course also includes practical case exercises and, where possible, seminars with experts or professionals working in the cultural sector.

Assessment methods

Lectures are supported by slides and guided discussion of practical cases. Attending students actively participate through discussion of the topics covered and of applied questions.

During the course, self-assessment activities are proposed, including simulations of multiple-choice questions modelled on the competitive examinations of the Ministry of Culture. These simulations have a formative purpose and do not constitute intermediate tests with separate assessment.

The course also includes practical case exercises and, where possible, seminars with experts or professionals working in the cultural sector.

Teaching tools

The final examination consists of an oral interview aimed at assessing knowledge of the topics indicated in the [Texts/Bibliography] section, the ability to connect rules, administrative procedures, competent bodies and practical cases, as well as the correct use of legal terminology.

Attending students

Students who attend at least 70% of the lectures are considered attending students.

For attending students, the examination consists of an oral interview on the topics covered during the lectures and on the materials indicated and uploaded to the Virtuale platform.

Working students and student-athletes

Working students and student-athletes agree on the assessment methods directly with the lecturer, by e-mail, via Teams or during office hours.

Two options are available.

Option A
The student writes a paper of at least 8 pages on a case consistent with the course programme. The paper must be sent to the lecturer at least one week before the examination date. If assessed as suitable, the paper becomes part of the oral examination; the oral examination also covers Part I of the programme, to be prepared using the materials uploaded to the Virtuale platform.

The paper is corrected by the lecturer, who indicates any additions or corrections. The student is required to incorporate the changes indicated by the lecturer into the final version of the paper. In writing the paper, students must carefully follow the instructions uploaded in the specific file on the Virtuale.unibo platform, especially as regards footnotes. The instruction file is available in the section entitled “Materials for the written exam”.

If the lecturer assesses the paper as suitable, its content becomes an integral part of the final oral examination. The student is examined on the content of the paper and on the other parts of the programme agreed upon with the lecturer.

As regards the possible use of generative Artificial Intelligence tools in writing the paper, only limited, declared and non-substantial use is permitted, for support activities such as summarising, linguistic reformulation, preliminary organisation of contents or formal revision of the text. Students are not permitted to delegate to AI the substantial development of the analysis, legal interpretation, critical argumentation or extended parts of the paper.

Students who have used generative AI tools must expressly declare this in the paper, indicating which tools were used and for which activities. Undeclared or substantial use of AI constitutes a violation of academic integrity and may result in the paper being assessed as unsuitable. The oral discussion of the paper also aims to verify the student’s personal command of the contents, sources used and argumentative choices made.

Option B
Alternatively, the student takes an oral examination on the entire programme, without submitting a written paper. In this case, preparation covers all materials available on Virtuale relating to Parts I and II of the course.

Non-attending students

Non-attending students who do not fall into the categories indicated above prepare for the examination using the texts indicated in the [Texts/Bibliography] section and take an oral examination on the entire programme.

Students with SLD or disabilities

For students with SLD or disabilities, please refer to the information provided in the [Teaching Support Tools] section.

Assessment criteria

Assessment takes into account knowledge of the topics, the ability to connect legal sources, legal concepts, procedures and practical cases, clarity of presentation and appropriate use of legal terminology.

Assessment follows these criteria:

fail: incomplete or fragmentary knowledge; inability to orient oneself within the course contents, examination materials or any written paper; inappropriate use of legal terminology;

pass: essential knowledge of the topics and examination materials; generally correct presentation, though with inaccuracies, limited connections and limited critical autonomy (18-22);

good: adequate knowledge of the topics; correct presentation; ability to connect rules, procedures and practical cases, although with a level of analysis that is not always fully autonomous or in-depth (23-27);

very good or excellent: organic and in-depth knowledge of the topics; ability to analyse critically and connect the different aspects of the subject; full command of legal terminology and ability to apply knowledge to practical cases (28-30 with honours).

 

Office hours

See the website of Federica Botti