85092 - Cultural Heritage and Activities Law (1) (LM)

Learning outcomes

At the end of the course, students achieve the knowledge of the “Code of Cultural Heritage and Landscape” (legislative decree 42/2004 and subsequent modifications), as well as the administrative organization of the cultural heritage and activities.

Course contents

Part I – Introduction to the administrative law (12 hours)

In this part, students know the fundamental institutions of public administration, which represent the basis of the cultural heritage and activities sector.

Constitutional principles on public administration

The development of the 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 documents

- Activities of private law of the public administration (notes)



Part II – Cultural heritage and activities (18 hours)



a) Constitutional values of aesthetics, culture and environment

- The promotion of the development of culture

- The protection of the landscape and the historic and artistic heritage

- The protection of the environment and the ecosystem



b) The protection and the valorization of cultural heritage

- The notion of cultural heritage

- The procedures of individuation

- Tools for the valorization

- The Ministero dei Beni e delle Attività Culturali (Ministry of Cultural Heritage and Activities); superintendences; private intervention



c) Media and cultural activities

- Right to the technological convergence in the digital era

- Television and radio law (notes)

- Direct intervention (cinema and theatre)

- Indirect intervention (production of culture)

- Live performance

Readings/Bibliography

Part I

• D. Sorace, Diritto delle amministrazioni pubbliche (VIII edizione), Il Mulino, 2016 limited to chapters I, II, III, VIII, IX,X, XI and XII

Or, as an alternative:

• F. Merloni, Istituzioni di diritto amministrativo, Giappichelli, 2013 limited to chapters 1, 3, 6, 7, 9, 10, 18, 19, 20, 21, 22, 23

Or, for foreign students:

• G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2008, limited to chapters 1,2,5,6,7,11,12,13

Part II

• C. Barbati, M. Cammelli e G. Sciullo, Diritto e gestione dei beni culturali, Il Mulino, 2018
• A. Di Lascio, S. Ortolani, Istituzioni di diritto e legislazione dello spettacolo - Dal 1860 al 2010, i 150 anni dell'Unità d'Italia nello spettacolo, Franco Angeli, 2014, limited to Part I, II, III
• 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.

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

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.

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



Please note:



Starting from january 2015 ALL students must study the readings listed in the 2014/2015 bibliography.

Teaching tools

Further course materials will be available on the distribution list

Office hours

See the website of Daniele Donati