Teaching code

4S02114

Teacher

Sergio Moro

Coordinatore

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

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

I. The elements of the legal order: norms - organization - plurisubjectivity.
II.1. The sources of the normative dispositions of the legal system of the Italian Republic
II.2. Follows: the sources of the relevant regulatory provisions on cultural heritage.
III.1. The organization of the legal system of the Italian Republic and, in particular, the public administrations.
III.2 Follows: the Ministry of Culture
IV.1. The “reason for being” of public administrations: administrative functions
IV.2. Continued: the administrative functions in the field of cultural heritage: protection, use and enhancement and the reciprocal implications.
V.1. The protection of cultural heritage: the notion of cultural heritage and the identification of cultural heritage
V.2 Continues: the direct and indirect protection of cultural heritage.
V.3 Continues: the conservation of cultural heritage.
V.4. Continued: sanctions for non-compliance with the rules for the protection and conservation of cultural property.
V.5. Follows: the juridical non-dispersion and the material non-dispersion of cultural heritage.
V.6. Continues: The problem of the relationship between the protection of cultural heritage and private property.
V.7. The so-called forced purchases.

Bibliography

Didactic methods

Lectures
Materials available online (moodle).
Face-to-face lessons are recorded and are available on the teaching platform moodle.

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 mean those who have followed lessons either in person or alternatively using video recording equipment)
The examination will cover the following issues:
1) lectures
2) the seminars available (from 1 November 2022) on the course’s moodle page;
3.1) the textbook "Introduzione allo studio del diritto pubblico e delle sue fonti" di Tania Groppi e Andrea Simoncini, G. Giappichelli Editore, 2023 ONLY paragraphs 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 of chapter II
3.2) the textbook "Diritto dei beni culturali e del paesaggio", a cura di M. A. Cabiddu e N. Grasso, G. Giappichelli Editore, anno 2021 ONLY section II ("Le funzioni di vigilanza ed ispezione" of chpater V ("La tutela dei beni culturali").
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 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.

Criteria for the composition of the final grade

Balanced weighting between the evaluation criteria

Exam language

ITALIANO