The course is aimed at analysing the regulation of cultural heritage, illustrating the main institutes of the subject, with particular reference to the notion of cultural property and the functions of protection, management and enhancement of cultural heritage.

A.A. Programme 2023/2024 - Lecturer Davide Gambetta

1.  Introduction to Legal Phenomenology

Introduction to the study of legal phenomenology and law. The concepts of law, of system, of norm. The functioning of norms: the harmony of the system and potential antinomies. The relationship between law and society. The domestic legal complex and the international legal system. The constitutional order. The concept of legal situation.The system of rights and the tension between opposing legal situations.

2.  Historical development of legislation on cultural heritage

Hints at the experience of the Papal States. The Pre-Unitarian States. The Kingdom of Italy. Relevant regulatory interventions: Rosadi-Rava Law, Bottai Law, Consolidated Text of Cultural Heritage, Code of Cultural Heritage and Landscape. History of legislation on archaeology. History of the bodies in charge of the protection of cultural heritage: in particular the Ministry of Culture and the 'Franceschini' reforms.

3.  Essential vocabulary and fundamental concepts of cultural heritage law

Fundamentals of the law and legislation on cultural heritage in the domestic legal system (cultural property, cultural heritage, protection, valorisation, place of culture, archaeology, intangible cultural heritage, landscape, archives). Collections, cultural heritage and archives. Landscape.

4.  The national discipline on cultural heritage. The Constitution and the Cultural Heritage and Landscape Code

The constitutional discipline: art, culture and landscape in the Constitution. The division of competences between State and Regions in the field of cultural heritage and activities. Notes on the functions of local authorities. The Cultural Heritage and Landscape Code.

5.  The identification of cultural assets.

Identification of cultural assets. Cultural assets ope legis, verification of cultural interest, declaration of cultural interest. The stage-by-stage procedure. The final measure and its motivation. Case studies. Comparison of proceedings.

6.  Protection and Interventions.

"Conservation' and 'restoration' (notions of study, prevention and maintenance). Indirect protection. The discipline of interventions on cultural property (prohibited, authorisable, urgent, imposed interventions, supervision of interventions, expense regime). The concept of restoration and its discipline. Restorers.

7.  Ownership and Circulation of Cultural Property

Cultural property. Inalienable and alienable assets with prior authorisation. The expropriation of cultural property. The circulation of cultural property in the national domain: notification of transfer and right of pre-emption. The trade of antique and second-hand goods. International circulation: monitoring and control system, definitive and temporary exit, cases of prohibited exit and subject to authorisation. Certificate of free circulation and compulsory purchase.

8.  Cultural heritage and culture in international law

The main conventions on cultural heritage (in particular the conventions of the Council of Europe and the UNESCO system). The conventions on archaeology (London Convention, Valletta Convention). The Faro Convention and the new concept of cultural heritage. The protection of cultural heritage from a transnational perspective (armed conflicts, underwater heritage).

9.  The valorisation of cultural heritage

The valorisation of cultural heritage in the Code. The concept of cultural sites for the purposes of valorisation. Access to cultural sites. Use and reproduction of cultural heritage. Forms and tools for the management and valorisation of cultural heritage. The role of the private sector: horizontal subsidiarity, partnership and sponsorship. Enhancement of archival heritage. The museum enterprise. The art bonus.

10.    Workshop

Workshop on case law and administrative documentation relevant to cultural property. Examination of case studies.

a. Knowledge and understanding: at the end of the course, students should have a thorough knowledge of cultural heritage law.
b. Ability to apply knowledge and understanding: at the end of the course students should be able to apply the acquired knowledge in practice and should have the tools to understand and elaborate - from a legal perspective - the themes, topics and problems of cultural heritage law.
c. Autonomy of judgement (making judgements): at the end of the course, students should have acquired the autonomy of judgement to understand and consciously elaborate on the main legal issues related to cultural heritage law, maturing their own critical reflections.
d. Communication skills: at the end of the course, students should be able to communicate and convey information, knowledge and ideas related to public law, also interacting with specialists in the field.
e. Learning skills: at the end of the course students should have acquired the necessary learning ability to pursue further studies independently.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Teaching

Lectures, with possible follow-up seminars and exercises.
Legal terminology is explained during the course.
Teaching material will be made available on the platform with restricted access for students.

Attendance

No. 

Course books

In order to prepare for the examination, the lecture materials provided in class are sufficient.

Assessment

The final examination consists of an oral test. 

Depending on the development of the course, in itinere tests may be scheduled, conducted in written form with possible oral integration, the successful completion of which counts for the final examination.

In particular, a test is scheduled for the final phase of the course, the passing of which is taken into account for the final examination. This test is conducted in written form with possible oral integration.

The final examination (and intermediate examinations) are aimed at ascertaining
- the knowledge of the topics in the syllabus
- the ability to expound them with an appropriate legal vocabulary;
- the ability to link the knowledge gained in a systemic form;
- the analytical and argumentative skills;
- the ability to apply the logical-legal schemes deduced from the topics dealt with and, in particular, from the case law in the syllabus.

These parameters affect the determination of the final grade. 

The decision to schedule ongoing tests is functional to allow gradual verification of the acquisition of knowledge, skills and abilities.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

No difference for non-attending students compared to attending students.

Attendance

No difference for non-attending students compared to attending students.

Course books

No difference for non-attending students compared to attending students.

Assessment

No difference for non-attending students compared to attending students.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.