PLANNING LAW AND ADMINISTRATION
Learning outcomes of the course unit
Knowledge and Learning Skills: At the end of the course, the student will have acquired a specific preparation on urban planning, expropriation for public utility (Single Text of Expropriation), Construction Work (Single Building Texture) and landscape discipline ( Code of Cultural Heritage and Landscape), also following practical case studies. The student will also acquire the basic knowledge and skills of the reference discipline to face in the future an in-depth study of these aspects, which is certainly necessary for the profession, whether in a free form or as a public administration.
Competencies: At the end of the course, the student will learn the procedures for the formation of urban instruments, localization of public works, and for the issue of qualifying licenses, even in zones or in buildings subject to landscape constraints or cultural, as well as the rules governing them. The student will be able, therefore, to instruct, independently, the principal fulfillment of these proceedings. The main obligations related to these proceedings consist mainly in the compilation of single forms prepared both at national and regional level.
Communication skills: When passing the exam, the student should have gained sufficient language ownership, at least with regard to the specific technical-legal terminology of the teaching.
Course contents summary
- Constitutionals profiles and generals principles of administrave law (hierarchy of laws);
- Urban planning: generals profiles;
- General urban development plan and building plan: territorial coordination’s plan;
- Operational general urban planning: local strategic plan
program of planning;
- Ordinary executive urban planning:
in the physical space: detailed plans and apportionment’s plans
in the time: executive’s long term plans;
- Executive urban plan in the physical space with special finality: economic and popular housebuilding plan, plan for productive installation, urban recovery plan
other specials plans;
- The interventions on the existing building patrimony
- Building activity
- Administrative offence in the public works and building law
- The discipline of the public works location
- Parallel and competing legal protection
- Eminent domain
- General framework of construction activity
- Building code, building commission and the One-stop shop for construction activity
- General framework of free private construction activity and public construction activity
- the building permit
- the operations start certificate reporting
- the "super dia"
- the illegals planning and constructions activities
- General framework of Landscape (background history)
- the role and the powers of Superintendences (ministerials offices of MIBAC)
- the nature and the procedure to create a protected landscape area
- the relationship beetween construction activity and landscape's protection
- General framework of cultural assets
- the direct and indirect cultural ties
G. Pagliari, Corso di Diritto urbanistico, Fifth Edition, Milan, Giuffrè Editore, 2015 (ISBN: 978-88-14-20044-1).
Part I: all chapters
Part II: chapters I, IV, V, VI, VII, VIII, X, XI, XII, XIV, XV, XVI, XVII, XVIII, XIX,
Part III: chapters I, II, III, IV, V, VI, VII, VIII
Part IV: chapters I and II
Part V: chapters I, III and IV
Part VI: chapters I, II and III.
The consultation of a urban planning and building law’s collection is obviously appropriate. Among the many, we note:
R. Chieppa (edited by), Administrative Law Code, 2018, Giuffrè publisher, Milan
Suggested optional readings:
G. Pagliari, Piani urbanistici e piani paesaggistici: il progetto di paesaggio, in Il diritto dell’economia, 2009, pag. 595. ss.
G. Pagliari – M. Sollini – G. Farri, Regime della proprietà privata tra vincoli e pianificazione dall'Unità d'Italia ad oggi, in Rivista Giuridica dell’Edilizia n. 6/2015, II, pag. 283 ss.
G. Pagliari - M. Sollini - G. Farri, Regime della proprietà privata in Rivista Giuridica dell'Edilizia n. 6/2015, II, p. 283 ss.
M. Brocca, Paesaggio e agricoltura a confronto. Riflessioni sulla categoria del «paesaggio agrario», in Rivista giuridica dell'edilizia n. 1-2 / 2016, II, pag. 3 ss.
The course is divided into a series of lectures of active learning, during which a dialogue space will always be reserved with the classroom. In correspondence with each theme addressed, numerous examples of practical application of individual legal institutions will be provided. The lectures will be supplemented by in-depth seminars with expert technicians from the individual sectors of interest. All the legislation cited or analyzed in the classroom will be made available, at the beginning of the course, on the Elly platform, and will be an integral part of the learning and examination program. Non-attending students are reminded to check the teaching material available and updated by the teacher through the Elly platform.
Assessment methods and criteria
The examination consists of a written test, and in any optional oral test, to be kept on the same day as the written test is given, and immediately after its correction by the teacher. The exam consists of a written test, duration of 40 minutes, consisting of 11 questions, of which 10 are with closed response, and one with open response. Each closed response question has three possible answers, of which only one is correct. The maximum score achievable by passing the test is equal to a 27/30. The test is made up of no. 2 closed response questions, each with a 1-point value of n. 3 closed response questions, each with a value of 2 points, and no. 5 closed response questions, each with a value of 3 points. The open answer question has a value of 4 points. In case of positive test passage, with a vote of at least 18/30, the student has the right to accept or reject the vote. In the case of simple acceptance, the verbalization will proceed. In the case of acceptance, but with a request for oral integration, the student can immediately undergo the oral supplementary examination, consisting in administering a only question, for which the maximum attribution score is 3/30 ((in addition to any praise, achievable where the student demonstrates in particular a remarkable mastery of the technical vocabulary, as well as the ability to establish, autonomously, dynamic links between different topics). The question submitted in the optional oral examination is not merely a request for clarification or clarification of the answers given in the written test, although in the proposition to the student of a question on a subject that is not included in the written test.).In case of oral integration, the starting vote consists of the result of the written test, which is an intangible basis. In the event of a refusal of the written result of the written test, the student (compulsory test and optional oral interview), the student will be evaluated, primarily, in relation to the following parameters: a) adequate capacity for linguistic exposure (written and oral) (b) the ability to identify and value existing connections between the various institutions of public works, construction and cultural and landscape heritage, providing demonstration of a coherent preparation and systematic, which does not develop as a mere sum of seemingly independent macro-arguments; c) adequate reasoning capacity, which leaves the formal acquisition and acritic repetition of purely literal regulatory data