Teaching code

4S02114

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

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
III The legal norms
IV The sources of the Italian legal system: introduction
V The constitutional sources
VI The supranational sources
VII The national primary sources
VIII The national secondary sources
IX The sources of law concerning cultural heritage
X The distinction between legal norms relating to the protection of cultural heritage and legal norms
XI The reason for the existence of public administrations.
XII The organization of public administrations
XIII The activity of public administrations: framework
XIV Administrative activity through public instruments
XV The activity of public administrations through private instruments
XVI The functionalization of public administration and the constitutional principles of impartiality and good performance
XVII The administrative function of protecting cultural assets XVIII The administrative function of enhancing cultural assets PART TWO
I The categories of cultural assets
II The characteristics common to the categories of cultural assets
III The identification of cultural assets
IV The protection of cultural assets
V The direct protection of cultural assets
VI The indirect protection of cultural assets
VII The strict conservation of cultural assets
VIII The sanctions for violation of the rules for the protection and conservation of assets
IX The legal non-dispersion of cultural assets
X The material non-dispersion of cultural assets

Bibliography

Didactic methods

Frontal lessons.
Teaching material sent, upon request, via e-mail to attending students.
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) in the handout transmitted: ex officio, by e-mail to students registered on the Moodle platform of the course on 15 October 2024; upon request, to students registered after that date.
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.

Criteria for the composition of the final grade

Balanced weighting between the evaluation criteria

Exam language

ITALIANO