Teaching code

4S010517

Teacher

Sergio Moro

Coordinator

Sergio Moro

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

CuCi 1 A, CuCi 1 B

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

To deepen the basic notions of cultural property law, in particular in the sectors, operationally of primary interest, of the international circulation of cultural property and of offences sanctioned in administrative and criminal proceedings.

Prerequisites and basic notions

Nobody

Program

PART ONE
Fundamental and essential notions of law and administrative law.
The Ministry of Culture: organization.
The sources of law on the protection of cultural heritage.
The administrative function of protection of cultural heritage. The protection of cultural heritage: concept.
The concept of cultural heritage. Intangible cultural heritage. PART TWO
MODULE I: IDENTIFICATION OF CULTURAL HERITAGE MODULE II: THE PROTECTION OF CULTURAL HERITAGE
The protection of cultural heritage: general framework.
Direct protection of cultural heritage. Indirect protection of cultural heritage.
MODULE III: THE CONSERVATION OF CULTURAL HERITAGE MODULE IV: SANCTIONS
MODULE V: THE PROBLEM OF THE RELATIONSHIP BETWEEN THE PROTECTION OF CULTURAL HERITAGE AND PRIVATE PROPERTY
MODULE VI: THE LEGAL NON-DISPERSION OF CULTURAL HERITAGE
The legal non-dispersal of cultural heritage: general framework.
The alienation of cultural heritage. The complaint. Pre-emption: postponement.
MODULE VII: NON-DISPOSITION OF CULTURAL HERITAGE General framework.
Exit from the national territory of cultural goods and goods of cultural interest.
The circulation of cultural goods within the European Union and outside the European Union.
MODULE VIII: USE
The sources of law regarding the use of cultural goods.
The administrative function of use of cultural goods: reference.
Concept of use.
Use of goods owned by public bodies.
Use of archive documents.
Use of private cultural goods.
Individual use of cultural goods.
MODULE IX: ENHANCEMENT
The sources of law regarding the use of cultural goods.
The use of cultural goods: concept.
The administrative function of the use of cultural goods. Enhancement aimed at ensuring the improvement of the conditions of use and enjoyment of cultural goods. Enhancement aimed at promoting knowledge of cultural goods.
Enhancement aimed at promoting and supporting conservation interventions.
Sponsorship.
Enhancement agreements with banking foundations. MODULE X: PRIVILEGED CD PURCHASES
Concept of privileged purchases in the field of cultural assets. Expropriation for instrumental purposes.
Pre-emption.
The so-called forced purchase.
Expropriation tout court.
MODULE XI: THE RELATIONSHIP BETWEEN, ON THE ONE HAND, PROTECTION AND, ON THE OTHER, ENJOYMENT AND VALORIZATION.
MODULE XII Surveillance and inspection. The discovery and recovery of cultural assets.

Bibliography

Didactic methods

Frontal lessons
Teaching material sent, upon request, via e-mail to attending students.
The lectures are recorded and are available on the moodle teaching platform.
The teaching method is consistent with the educational objectives of the teaching and, more generally, of the master's degree course in History of the Arts. Consequently, on the one hand, it outlines the fundamental legal institutions of the subject, highlighting the profound connections between them existing and highlighting the impact of the historical-artistic discipline on their formation and evolution; on the other hand, it provides the essential logical and legal tools for the solution of concrete cases.

Learning assessment procedures

The examination involves an oral discussion.
ATTENDING STUDENTS
The examination will cover the following issues:
1) lectures;
2) materials available via e-mail;
3) the textbook “Diritto dei beni culturali e del paesaggio” [“The law on cultural and landscape assets”], edited by M. A. Cabiddu and N. Grasso, Giappichelli, 2021, ONLY section II of chapter V and section III.B. of chapter V;
4) the textbook “Beni culturali e paesaggistici” [“Cultural and landscape assets”], A. Crosetti and D. Vaiano, Giappichelli, 2023, ONLY paragraph 5 of chapter IV
N.b. Attending students mean those who have followed lessons either in person or alternatively using video recording equipment.
NON-ATTENDING STUDENTS.
The examination will cover the following issues:
1) the textbook «Introduzione allo studio del diritto pubblico e delle sue fonti» di T. Groppi e A. Simoncini, Giappichelli ONLY chapters I, IV, V, X
AND
2) the entire textbook “Diritto dei beni culturali e del paesaggio” [“The law on cultural and landscape assets”], edited by M. A. Cabiddu and N. Grasso, Giappichelli, 2021, EXCEPT chapters XI - XII and section 9 of chapter XIII.
Incoming ERASMUS students (i.e. students registered on study programmes at European Union universities not based in Italy) are invited to contact the teacher responsible at the start of the course in order to be set a specific topic to be analysed in greater depth in a course essay. That essay will be discussed orally during the examination diets scheduled according to the academic calendar.

Evaluation criteria

- knowledge and understanding of the subject being examined;
- ability to frame juridical institutions diachronically in the perspective of the evolution of historical-artistic disciplines;
- ability to present knowledge in a clear and orderly manner as well as with correct technical vocabulary;
- ability to solve elementary concrete cases by (first) the identification of the essential elements, (then) the identification - on the basis of reliable argumentative paths - of the rules to be applied and (lastly) the application - by virtue of reasoning immune from logical flaws - of the aforementioned rules to the specific cases.

Criteria for the composition of the final grade

Balanced weighting between the evaluation criteria

Exam language

ITALIANO