Teaching code

4S02114

Teacher

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

The course aims to provide students without basic legal skills, with fundamental knowledge of the cultural heritage sector. The course will, firstly, provide some fundamentals of public and administrative law and secondly it will cover both the organizational and functional aspects of the subject-matter, including the Ministry of Cultural Heritage’s (MIBAC) structure and competencies and the Code of cultural heritage and landscape provisions. At the end of the course, student shall have acquired specific knowledge to allow them to: - be acquainted with the specific features of the public structures involved in the cultural heritage protection - understand the peculiarities of the administrative procedures and the other legal instruments aimed at protecting the cultural heritage

Prerequisites and basic notions

Nobody

Program

PART ONE
I The legal system.
II The sources of law. In-depth analysis: the form of one of the most important sources of law in the field of cultural heritage; provisions and rules from which to derive the categories of cultural heritage.
III The legal rules. In-depth analysis: the rules that provide for prohibitions in order to directly protect cultural heritage; the rules that provide for obligations in order to conserve cultural heritage; sanctions resulting from failure to comply with prohibitions and failure to comply with obligations for the protection and conservation of cultural heritage.
IV The sources of the Italian legal system: introduction.
V The constitutional sources in the field of cultural heritage. VI The supranational sources in the field of cultural heritage. VII The national primary sources in the field of cultural heritage.
VIII The national secondary sources in the field of cultural heritage.
IX The legal rules concerning the protection of cultural heritage and the legal rules concerning the valorization of cultural heritage.
X The reason for the existence of public administrations. In-depth analysis: the function of protection and valorization of cultural heritage.
XI The organization of public administrations. In-depth study: the Ministry of Culture.
XII The activity of public administrations: framework.
XIII Administrative activity through public instruments.
XIV The activity of public administrations through private instruments.
XV The functionalization of public administration and the constitutional principles of impartiality and good performance.
XVI Multi-subjectivity. In-depth study: the relevance of the distinction between public and private organizations in the context of cultural heritage law.
PART TWO
I The categories of cultural heritage.
II The characteristics common to the categories of cultural heritage.
III The identification of cultural heritage.
IV The protection of cultural heritage.
V The direct protection of cultural heritage.
VI The indirect protection of cultural heritage.
VII The strict conservation of cultural heritage.
VIII Surveillance and inspection.
IX Sanctions for violation of the rules for the protection and conservation of cultural heritage.
X The legal non-dispersion of cultural heritage.
XI The material non-dispersion of cultural heritage.

Bibliography

Didactic methods

Frontal lessons.
Material uploaded to the teaching moodle platform.
The teaching method is consistent with the learning objectives of the teaching and with the educational objectives of the teaching. Consequently, it outlines and outlines the essential elements of the fundamental legal institutions of the subject, highlighting, on the one hand, their evolution; on the other, the mutual systematic implications

Learning assessment procedures

The exam consists of a written test divided into four open questions with a predetermined space for the answer. ATTENDING STUDENTS (Attending students are those who follow the lessons in person or through audio-video recording tools)
The exam concerns the notions, questions and problems developed:
1) in the lectures
AND
2) material uploaded to the teaching moodle platform.
NON-ATTENDING STUDENTS
The exam concerns the topics covered:
1) in the manual "Introduction to the study of public law and its sources" by Tania Groppi and Andrea Simoncini, G. Giappichelli Editore, 2023 LIMITED to chapters I, II, III, IV, V, IX, X
2) in the manual "Cultural and landscape law", edited by MA Cabiddu and N. Grasso, G. Giappichelli Editore, year 2021 LIMITED to chapters I, II, III, V, VI, VII, IX, X.
ERASMUS STUDENTS so-called incoming (i.e. enrolled in courses of study at European Union universities not based in Italy) are invited to contact the recording teacher, at the beginning of the course, to assign a specific topic to be explored through the drafting of a written paper. This paper will be the subject of an oral discussion in the exam sessions scheduled in the academic calendar.

Evaluation criteria

Knowledge and understanding of the subject matter.
Ability to analyze the legal institutions being examined and to understand their reciprocal implications.
Ability to present knowledge in a clear and orderly manner as well as with correct technical vocabulary.

Exam language

ITALIANO