CULTURAL HERITAGE LEGISLATION
Learning outcomes of the course unit
The course aims at providing the student with the basic knowledge essential to the study and understanding of Laws regarding heritage. At the end of the course it will have acquired the ability to understand and critically evaluate the principles, substantive and procedural rules relating to the protection and preservation of cultural heritage in balancing individual rights with particular properties. The studentes must prove an adequate understanding of the historical path that led to the current discipline. Based on the knowledge gained they should be able to illustrate their thesis with the language and arguments consistent with a field of law which is even with the features specifically cultural and art history going through it.
Course contents summary
The course seeks to introduce students to fundamental concepts and notions in the discipline of Cultural Heritage Legislation. Particular attention will be dedicated to the evolution of the regulatory framework for the protection and enhancement of cultural heritage since the pre-unification states up to the most recent legislation introduced by the Cultural Heritage Code of 2004 and subsequent amendments (legislative decrees 156 del 2006 e 62 e 63 del 2008).
Among the specific topics covered: constitutional principles and institutions in the field of administrative law that govern it, the concept of cultural heritage, their identification (check and statement of cultural heritage), discipline concerning the limits of their circulation and finally the issues of conservation/protection of cultural heritage, the enjoyment (individual and collective) of cultural heritage and promotion (of prevailing regional jurisdiction) of the property of the cultural heritage.
For those students who attend the course the examination will be on:
ALBERTO ROCCELLA, Legislazione dei beni culturali, Cacucci Editore, Bari 2017;
FABIO MERUSI, Ragionevolezza e discrezionalità amministrativa, Editoriale Scientifica, Napoli 2011;
FABIO MERUSI, Pubblico e privato e qualche dubbio di costituzionalità nello statuto dei beni culturali, in Dir. Amm., 1/2007, 1-13 (photocopies are available from the Department).
Finally, for an historical contextualization of the topics of the cultural heritage programme - but highly critical - knowledge based on textbooks should be integrated with the reading of LEONE, MADDALENA, MONTANARI, SETTIS, Costituzione incompiuta. Arte, paesaggio, ambiente, Einaudi, Torino 2013.
For those students who do not attend the course or for those students who wish to deepen the knowledge, the examination will be on:
CARLA BARBATI e altri (a cura di), Diritto del patrimonio culturale, il Mulino, Bologna 2017
Students may also use the Code of the cultural heritage available at www.aedon.mulino.it
The teaching method will be mainly composed of lectures eventually integrated with seminars and tutorials, methods, all of which will enable students to achieve the learning objectives indicated also by the fruitful discussion of themes and jurisprudential cases with the teacher.
Assessment methods and criteria
Oral examination. The student will be made at least two questions to verify the level of learning of the legislation, its historical evolution and its complex relationship with the arts. The capacity to communicate will be assessed by evaluating the student's ability to provide comprehensive definitions, to use the technical terminology and clarifying the meaning of specific expressions. The sufficiency (18/30) will be achieved only positive outcome of this overall assessment.