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

In this part, students acquire the fundamental legal knowledge of public administration, which are the essential basis for the following parts of the course

Constitutional principles on public administration

The evolution of public administration in Italy

The organization of the public administration
- Public bodies, organs and offices
- Politics and administration
- Ministries, agencies and state peripheral bodies
- Independent authorities
- Technical bodies
- Regions and local government (notes)

Administrative activity
- The principles of the administrative action
- The administrative procedure
- Administrative acts and their regime
- Activities of private law of the public administration (notes)

- Public services

Part II – Art and Entertainment Law

Culture and administrative legal order
• The Reign of Italy
• The Fascism
• Culture and Constitution
• Policies in the Republican Age
• the Contemporary challenges

The constitutional values of aesthetics, art and culture

The Ministry of Cultural Heritage and Entertainment
The notion of cultural heritage and cultural goods
The protection of cultural heritage
The enhancement of cultural heritage

Readings/Bibliography

Part I

•  B. G. Mattarella, Lezioni di diritto amministrativo, seconda edizione, Giappichelli, 2020, limitatamente ai Capitoli 1, 2, 4, 5, 6, 7, 8, 11, 13, 14, 15, 16.

Or, as an alternative:

• F. Merloni, Istituzioni di diritto amministrativo, terza edizione, Giappichelli, 2018 limited to chapters 1, 3, 6, 7, 9, 10, 18, 19, 20, 21, 23

For foreign students:

• G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2018, 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 will be based on taught classes. A seminar will be dedicated to the methods and tools of the legal research and the attendance will be compulsory for the students that are willing to defend their thesis on this subject. In addition, other seminars will take place, in order to deepen the students' knowledge on particularly relevant elements or issues of topical interest, to which scholars, representatives of institutions, professionals and experts on the topic will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAM (except for foreign students, who undergo the oral exam only)

It takes place the day of examination.

The written exam is divided in two different parts: the first one is a multiple choice test (20 questions) and the second one is a open question test (3 questions).

The multiple choice test is preliminary and preparatory to the open question test, and students must give 15 correct answer out of 20.

The final grade is determined by the result of the open question test.

Therefore:

- if students do not answer at least 15 questions in the first part, they won't be able to undergo the second part and their exam finishes

- if students give 15 (or more) correct answer in the first part, they will continue the exam by undergoing the second part. The examining board will assess this second part.

2. NON-COMPULSORY ORAL EXAM (compulsory for foreign students)

It takes place on the second day of examination, if students passes the compulsory written exam, they will be able to undergo a noncompulsory oral exam to improve their final grade.

During the second day of examination, but only on that day, students will be able to view their written exam.

In any case, the deadline for the registration of the grade obtained in the written exam will be within 6 months, from the date of the written test.

Foreign students undergo the oral exam during the second day of examination, in which take place the registration of the grade obtained in the written exam and the non-compulsory oral exam for students who passed the written exam. Foreign students are asked to enroll writing an email to filcom.didatticadonati@unibo.it

Please note:
ALL students must study the readings listed in the last year bibliography.

If the health emergency situation persists, the exams will be in oral and remote mode, through virtual classrooms on the Teams platform.

Students who want to take the exam will have to register to Almaesami and, once the registration is closed, they will receive the link to connect to Teams on the day of the exam.

Students who do not intend to take the exam have to cancel their registration in time, given the high number of students to be examined and the relative complexities linked to the exceptional situation.

If classes are online, no distinction will be made during the exam between attending and non-attending students. Students who have attended in the past years are invited to inform the teacher before the beginning of the exam.

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