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 - FOUNDATIONAL CONCEPTS
I The elements of the legal system
II Rule production.
III The public administrations
PART TWO - THE LAW ON CULTURAL ASSETS
MODULE I - PROTECTION
I The sources of law on the protection of cultural assets
II The protection of cultural assets: concept
III The administrative function of protecting cultural assets
IV The concept of cultural asset
V Identifying cultural assets
VI Protecting cultural assets: general framework.
VII Direct protection for cultural assets
VIII Indirect protection for cultural assets
IX Conservation of cultural assets
X Sanctions
XI Maintaining the legal integrity of cultural assets: general framework
XIII The sale of cultural assets
XIII Declarations
XIV Right of pre-emption: reference
XV Maintaining the substantive integrity of cultural assets: general framework
XVI Removal of cultural assets from the country and courses of cultural interest
XVII The movement of cultural assets within and outside the European Union.
XVIII Tensions between the need to protect cultural assets and private property rights
MODULE I - UTILISATION
I The sources of law on the utilisation of cultural assets
II Public administrations charged with the administrative function of utilising cultural assets
III Concept of utilisation
IV The utilisation of assets owned by public bodies
V The utilisation of documents in archives
VI The utilisation of private cultural assets
VII Individual usage of cultural assets
MODULE III - EXPLOITATION
I The sources of law on the exploitation of cultural assets
II The exploitation of cultural assets: concept
III The administrative function of exploiting cultural assets
IV Exploitation for the purpose of improving the conditions applicable to the utilisation of cultural assets
V Exploitation for the purpose of raising awareness of cultural assets
VI Exploitation for the purpose of supporting conservation initiatives
VII Sponsorship
VIII Exploitation agreements concluded with banks
MODULE IV - COMPULSORY PURCHASES
I Expropriation on public interest grounds related to cultural assets [espropriazione per fini strumentali]
II Right of pre-emption
III Compulsory purchase
IV Expropriation
MODULE V - THE RELATIONSHIP BETWEEN PROTECTION ON THE ONE HAND AND UTILISATION AND EXPLOITATION ON THE OTHER HAND

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) the seminars ;
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 to section III.B. of chapter V and chapter IX.
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 “Beni culturali e paesaggistici” [“Cultural and landscape assets”], A. Crosetti and D. Vaiano, Giappichelli, 2018 ONLY section 1 of chapter 1 of part I;
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