77989 - Ecclesiastical Cultural Heritage

Learning outcomes

The multiple forms of collaboration in which secular powers and religious confessions are involved in the protection and promotion of cultural goods with a religious connotation will be the subject of legal analysis in order to balance and make the different interests that are concentrated on them interact fruitfully. Space will be given to the drafting of projects for the protection and enhancement of historical, artistic and cultural heritage of religious and non-religious interest, in order to allow a practical-professional use of the knowledge acquired, also with a view to finding public and private funding.

Course contents

1) CANONIC LAW - Sources of production and sources of knowledge of Canon Law - Concept of "Church goods", "ecclesiastical goods", bona temporalia. The changes that have occurred in the patrimonial structure of the Church, in particular in the dioceses. The subjects and bodies invested with responsibilities and functions in the administration of ecclesiastical goods; in particular, the discipline of alienation - The most remote antecedents of canonical legislation on historical-artistic heritage: the legislative protection of the monumental heritage of Rome - The "cultural goods" in the Codex Iuris Canonici of 1917 - The "cultural goods" in later legislation: the letters of the Secretariat of State to the bishops of Italy and the Pontifical Central Commission for Sacred Art - The new impetus given in this area by the Second Vatican Council. The letter "Opera Artis" of the Congregation for the Clergy to the Presidents of the Episcopal Conferences - The particular canon law produced on the subject by the Italian Episcopal Conference. The provisions promulgated on June 14, 1974: "Protection and conservation of the historical and artistic heritage of the Church. Norms of the Italian Episcopate"; the document of 9 December 1992: "The Cultural Heritage of the Church in Italy. Guidelines". The National Office for Ecclesiastical Cultural Assets - The "cultural assets" in the new Codex Iuris Canonici for the Latin Catholic Church of 1983; hints on the discipline contained in the Codex Canonum Ecclesiarum Orientalium for the Eastern Catholic Churches of 1990 - In particular the canonistic discipline of ecclesiastical archives, ecclesiastical museums, ecclesiastical libraries - Organizations of the Roman Curia competent in this regard: in particular the Pontifical Commission for the Cultural Heritage of the Church - The international and supranational activity of the Holy See in the field of cultural heritage

2) ECCLESIASTIC LAW - The protection of the historical-artistic heritage in Italian legislation from the liberal season to Fascism - The discipline introduced by Law n. 1089 of June 1, 1939, in particular Article 8. The regulation of historical-artistic heritage and those destined for worship in the Civil Code of 1942 - The protection of "cultural heritage" in the new constitutional structure of the democratic and republican state. Article 9 of the Constitution. The debate on religious interests involved in the protection of cultural assets - The 1984 Agreement amending the Lateran Concordat and the protection of cultural assets of religious interest. Genesis of Art. 12 of the Villa Madama Agreement. General characteristics and doctrinal debate: problems of procedure and merit. The principle of collaboration. "Needs of worship" and "needs of a religious nature". Cultural assets of religious interest in the logic of res mixtae - The agreement of 13 September 1996 between the Minister for Cultural and Environmental Heritage and the President of the Italian Episcopal Conference: expansion and prospects for protection in "collaboration" - Cultural assets of religious interest between state competences and competences of the Regions and Local Authorities after Legislative Decree no. 112 of 31 March 1998 and the reform of Title V of the Constitution (Law no. 3 of 2001) - Article 19 of the Consolidated Law on Cultural and Environmental Heritage (Legislative Decree no. 29 October 1999). 490) and the plurilateral programming - The ecclesiastical libraries: the canonical regulations, the Italian regulations and bilateral regulations, in particular the agreement of 18 April 2000 on the subject between the President of the Italian Bishops' Conference and the Minister for Cultural Heritage and Activities - Civil and canonical regulations on ecclesiastical museums - the Convention of 8 April 2002 between the Institute for the Catalogue and Documentation of the Ministry for Cultural Heritage and Activities and the Italian Bishops' Conference on the modalities of collaboration for the inventory and catalogue of the movable cultural heritage belonging to ecclesiastical bodies and institutions - the art. 9 of the new Code of Cultural Heritage and Landscape of 2004. The other provisions of ecclesiastical interest of the Urbani Code. The ecclesiastical bodies in the Urbani Code: the innovations introduced by Legislative Decree no. 26 March 2008. 62 - The agreement of 26 January 2005 between the Minister for Cultural Heritage and Activities and the President of the Italian Episcopal Conference repealing and replacing that of 13 September 1996 - The most important regional agreements on cultural heritage of religious interest. The Agreement of 8 March 2005 between the Department for Cultural and Landscape Heritage of the Ministry of Cultural Heritage and Activities and the National Office for Ecclesiastical Cultural Heritage of the Italian Episcopal Conference concerning the computerised procedures used by ecclesiastical bodies for the request for verification of the cultural interest of buildings - The regulation of the circulation of cultural assets of religious interest - The public exercise of worship and the opening of temples and oratories. Religious buildings, in particular cult buildings of historical-artistic value belonging to the Worship Buildings Fund and their transfer to the ecclesiastical authorities. Competence in the construction, maintenance, renovation and restoration of cult buildings; urban planning regulations. The financing of religious buildings. The protection of religious buildings in relation to civil authority interventions. Article 831 of the Italian Civil Code. The regulation of sanctuaries. The regulation of burials and movable things intended for worship. The buildings of worship of minority confessions - The cultural heritage in Vatican City State - Religious tourism, religious itineraries, pilgrimages - The regulation of the Jubilee of the Year 2000 and its permanent results - The cultural heritage in the legislation "negotiated" with religious denominations other than Catholic - Prospects of comparative law on the regulation of cultural heritage of religious interest.

Readings/Bibliography

Acri - Commissione per le Attività e i Beni Culturali, Beni ecclesiastici di interesse culturale. Ordinamento, conservazione, valorizzazione, Bologna, Il Mulino, 2021.

In the course of their lessons, the theachers will supply and recommend teaching aids and further learning material, following students' specific requests and interests. The material will be progressively uploaded to the teacher’s website and made available to students.

Teaching methods

Lectures will be given in the 2nd semester. As a consequence, students obtaining their attendance certificate in the current academic year are allowed to take their exam only from the month of May. The course will develop through lectures and seminars. Students will be informed about dates and times of the seminars during the lectures or through notices, also on the Faculty web site. The teachers use slides that will be made available to the students. The students who attend the course will be invited to

trattate a lezione: potranno inoltre preparare, con l'ausilio dei docenti, relazioni su argomenti specifici di loro interesse che saranno apprezzate in sede di prova finale, concorrendo alla valutazione complessiva. take part actively in the analysis of the topics covered in the lessons: they will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment.

Assessment methods

The verification of learning consists in a final exam which will explore the acquisition of knowledge and skills requested through an oral examination sustained directly with the professor. Only the student who has already taken the exams of Constitutional law and Private law is admitted to the oral exam. The exam will cover the issues described in the “Course contents” section. The examination entails the assignment of a grade. In this way the student will be able to show not only the learned knowledge, but also the critical and methodological capacities gained. In the same time he will have to demonstrate to have some specific abilities. First of all, the possession of a mastery of expression and an appropriate technical language. The second one is the ability to move in safety within the system of the sources of this matter. The student moreover must have a clear perception of the information received and, finally, he must have properly understood the issues addressed in class and elucidated in the textbooks of reference. Learning such skills is easier during the course, the attendance of which is recommended in order to improve the learning process and therefore the student’s performance during the exam. Students have to book the final exam on the web application AlmaEsami. The students who attend the course will also be given the opportunity to prepare – with the assistance of the teachers – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment. Thesis For the assignment of thesis the student must go to the reception of the teacher to discuss and decide the theme

Teaching tools

The teachers use slides that will be made available to the students to help them in the comprehension of the issues and the institutions explained during the lesson. During the lessons the teachers will indicate and provide texts and supplementary materials to complete the preparation. Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Antonello De Oto

See the website of Manuel Ganarin