23899 - Law of Cultural Heritage

Course Unit Page

Academic Year 2018/2019

Learning outcomes

At the end of the course, students acquire the knowledge of state legislation concerning the protection and enhancement of cultural heritage, with particular regard to the organization of the Ministry for Cultural Assets and Activities and the provisions contained in the Code of Cultural Heritage and Landscape (Legislative Decree January 22, 2004, n. 42).

Course contents

1. Historical evolution of the administrative Italian system with specific reference to the subject of cultural heritage and landscape.

2. Constitutional principles in relation to culture, cultural heritage and landscape.

3. The apportionment of legislative and administrative powers between State and Regions in the light of articles 117 and 118 of the Constitution. The distinction between "protection" and "promotion" of cultural property.

4. The administrative organization of the Ministry for Cultural Heritage and Activities and Tourism (central and local).

5. The notion of cultural property.

6. The methods of identification: the verification process for public assets and assets belonging to private non-profit entities; privately owned assets and the statement of cultural interest process; cataloging; works of contemporary art and copyright; cultural heritage-activities.

7. Use, conservation and restoration of cultural property.

8. Internal circulation of cultural goods: public domain, other public goods, goods of private property. The artistic preemption. Trade in art objects.

9. Export and import of cultural property.

10. Archaeological research and discoveries.

11. Management of public cultural heritage and collective enjoyment: principles on the promotion of cultural heritage and regional legislation.

12. Taxation of cultural goods.

13. Criminal and administrative sanctions for offenses against cultural heritage: damage, theft, smuggling, counterfeiting, etc.

Readings/Bibliography

The consultation of the following textbook may be helpful for better understanding the course contents:

C. Barbati, M. Cammelli, L. Casini, G. Piperata, G. Sciullo, Diritto del patrimonio culturale, Il Mulino, Bologna, 2017.

For further information, commentaries to the Cultural Heritage and Landscape Code and to the Environment Code:

M.A. SANDULLI (a cura di), Codice dei beni culturali e del paesaggio, 2a ed., Giuffrè, Milano, 2012;

M. CAMMELLI (a cura di), Il Codice dei beni culturali e del paesaggio, 2a ed., Il Mulino, Bologna, 2007;

G. TROTTA, G. CAIA E N. AICARDI (a cura di), Commentario al Codice dei beni culturali e del paesaggio, in «Nuove leggi civili commentate», Cedam, Padova, n. 5/6-2005 e n. 1/2006;

L. COSTATO, F. PELLIZZER (a cura di), Commentario breve al Codice dell'Ambiente, Cedam, Padova, 2012.

It is also very useful to consult the on-line legal magazine: «Aedon. Rivista di arti e diritto on line» at the website http://www.aedon.mulino.it [http://www.aedon.mulino.it/]

In order to achieve an appropriate competence, it is important the knowledge of the following acts:

- Italian Constitution;

- General Law on administrative procedure (Law 4 agosto 1990, n. 241);

- Code of cultural heritage and landscape (Legislative Decree January 22 2004, n. 42);

The current version of the above texts is available in the online teaching materials, below indicated.

Teaching methods

Teaching will take place throughout lectures, especially via confrontation and debate with the students, who are invited to participate actively during classes and make proposals for expanding and deepening the discussion. Students may be given additional questions and/or issues to examine outside the lectures during the office hours indicated in the bottom of the page. The Professor will be available to discuss related matters with the students at the end of each lesson.

To provide maximum information and coordination during lectures, students are encouraged to always check the website of the teacher as well as any information concerning the course.

Assessment methods

The final exam is oral. The interview will focus on the topics in the section "Course contents".

The evaluation will take into consideration:

• knowledge of institutional profiles;

• connections between different parts of the program;

• debate skills;

• speaking ability;

• speaking accuracy.

Enrollment in the final exam can only be made on-line via the University web site.

During the examination, attending students will be granted the opportunity to present a topic of their choice.

Teaching tools

To make more complete study and investigation of the issues discussed during lectures and seminars students shall indicate additional teaching materials, in addition to the texts specified above.

This material will also be made available to students, who shall consult the website http://www.unibo.it/docenti/franco.pellizzer and in the section of this page dedicated to educational materials (AMS Campus).

Students with specific disabilities and/or DSA shall inform the teacher, who will work to accommodate their needs.

 

Office hours

Professor Pellizzer is available to receive students at the end of each lesson as well as on Thursday at 12.15 at Dipartimento di Beni culturali, Via degli Ariani, 1, Ravenna.

In addition, the Professor may be available at other times upon request of students via email.

Office hours

See the website of Franco Pellizzer