23899 - Law of Cultural Heritage

Learning outcomes

The course aims to provide students with knowledge of the Italian legislation concerning the protection and enhancement of cultural heritage and in particular of the organization of the Ministry of Cultural Heritage and Activities and Tourism (MIBACT) and of the provisions of the Code of the Cultural and Landscape Heritage (Legislative Decree no. 42 of 22 January 2004).

Course contents

The course is going to introduce to the knowledge of the Italian administrative system – mainly with reference to its cultural and landscape heritage branch - through its historical evolution (from the Unification of Italy to contemporaneity), and through the analysis of the main aspects of the organization (National, Regional and local administration) and of the administrative activity (administrative proceedings and acts).

With reference to the governance of cultural and landscape heritage, the focus will be, at first, on the relevant principles of the Italian Constitution on the apportionment of legislative and administrative powers between State and Regions, and secondly, on the main aspects of the organization (National, Regional and local administration), including the main activities for the “protection” and “enhancement” of “cultural heritage”. The latter will be defined in detail, in all its main aspects and in all the ways it is possible to designate cultural property and landscape assets as “cultural heritage” (in accordance with the provisions of Legislative Decree no. 42 of 22 January 2004).

As for the protection of cultural heritage, the notions related to the activities connected with their national circulation, with their import and/or export and with archaeological finds or research will be explained, in close connection with Italian law provisions and with the analysis of administrative or other legal cases. As regards the enhancement of cultural heritage, the focus will be on the multiple range of measures that governmental authorities on different levels in the organization of the administration can adopt and on the involvement of privates, both direct and indirect.

The focus will be then, even if in the form of a brief outline, on the complex transformation towards the digitalization of the administration and on the instruments and models which constitute the principles of digital citizenship and open government. In particular, reference will be made to the administration of cultural heritage and, specifically, to the management of library, archive and museum systems.

 

Readings/Bibliography

To obtain an adequate and complete preparation for the subjects of lectures, students are recommended to use the following textbook for their studies:

C. BARBATI, M. CAMMELLI, L. CASINI, G. PIPERATA, G. SCIULLO, Diritto del patrimonio culturale, Il Mulino, Bologna, 2020.

For further contributions and essays regarding the digitalization of the public system of cultural heritage, it is possible to consult the online legal magazine: «Aedon. Rivista di arti e diritto online» on: http://www.aedon.mulino.it.

On the “Virtuale” platform, students will find all the main legal documents, such as: laws, directives, regulations, technical regulations and planning instruments and also bibliographic documents considered useful to focus on all the topics of the course and to analyze some topics of interest.

In the event attending students wish to go more in-depth with any topic they are particularly interested in, the Professor may decide to suggest supplementary materials and textbooks and to consequently substitute some of the Chapters of the textbook listed above with the former study materials. The same possibility will be granted to students who will attend exercise sessions on legal cases and case studies.

Teaching methods

Teaching will take place throughout lectures with highlights on:

• principles and main aspects of national and EU or international sources of law related to the Law of Cultural Heritage;
• the elements that qualify the “cultural interest” of a potential cultural heritage
• the main activities and functions for the promotion and enhancement of cultural heritage which pertain to different governmental authorities on different levels in the organization of the administration;
• the analysis of operational aspects of significant practical cases.

With respect to the subjects to be used for exercises and seminars, work groups focused on written or oral presentations can be organized. For attending students, in case of a positive evaluation, the Professor will take it into account for the final evaluation, limiting the oral examination to the parts that were not treated in their presentation.

To provide maximum information and coordination during lectures, students are always encouraged to check the Professor’s website and the “Virtuale” platform for any information concerning the course. There, students can also find a collection of important administrative laws and documents.

 

Assessment methods

The final exam is oral (with possible pre-checks in written form) and the evaluation will be expressed in thirty-one.

For non attending students, the discussion will focus on topics related to those outlined in the "Course contents" section, in order to verify the acquisition by students of the knowledge contained in textbooks and in other study materials provided.

During the final examination, attending students will be granted the opportunity to present a topic of their choice (also if they have already taken their pre-checks). In the final evaluation it will be possible to take into account, according to the description found under “Teaching Methods”, the results of the pre-check, the oral presentation and the papers written during the practical exercises, individually or in groups.

The evaluation will take into consideration:

• knowledge of institutional profiles and of their historical evolution, as explained during lectures or as learnt through personal studies and bibliographic research;
• comprehension abilities and the ability to make connections between different parts of the program;
• debate skills with particular reference to the knowledge of legal and administrative documents discussed;
• speaking ability;
• speaking accuracy.

In accordance with the regulations of the University, enrollment in the final exam can only be made online via the University website, in accordance with terms and conditions therein.

The final evaluation will be carried out according to these general guidelines:

- “fail” grade: the student lacks basic knowledge and is not capable of interpreting texts and problems;

- “basic pass” grade: the student has learnt basic knowledge, is capable of interpreting issues correctly but is scarcely autonomous or imprecise in this activity;

- “intermediate pass” grade: the student has intermediate knowledge and is capable of interpreting correctly almost every issue, though not always precisely and autonomously;

- excellent grade: the student has high-standard knowledge and is capable of interpreting every issue autonomously, mastering a high level of specification. The student has excellent speaking abilities.

Teaching tools

The Professor may indicate additional teaching materials (legal cases) or legal sources during lectures, exercise sessions or seminars which will be considered part of the exam, in addition to the texts specified above. They will be provided on the “Virtuale” platform.

 

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

Office hours

The Professor is available to receive students at the end of each lecture and every Monday from 12:00 to 13:30 at Dipartimento di Giurisprudenza – Ravenna Campus, via Oberdan, n. 1.

The Professor is also available to receive students in different office hours upon request, to be sent via e-mail.

Due to the current health crisis caused by COVID-19, in-person office hours are suspended until further notice. Students may reach the Professor via e-mail and schedule remote office hours, to be held online, as agreed upon between the Professor and the student.

Office hours

See the website of Franco Pellizzer