The course aims to introduce students to a degree humanistic to a first confrontation with the law . The profile of this meeting will be twofold . On the one hand , in fact , it will pay attention to the given legal framework laid down by the sources of the law on cultural heritage . On the other , then they will try to offer ideas for a constitutional background of the phenomenon of culture in various facets and the various meanings that can take to the legal system . They will finally examine the main institutions of the existing legislation on cultural and environmental assets . A special part of the course will cover the media pluralism as an expression and guarantee of cultural diversity in the state constitution .

Art , culture and landscape in the constitution .
Historical profiles of the protection of cultural heritage and landscape .
Cultural freedoms and rights .
The freedom of art and science .
Cultural assets : sources of law , development of the concept , the legal regulation .
Government and system areas of jurisdiction on the activities and cultural heritage .
The paesaggio.Diritto and culture : the landscape and the constitution .
Freedom of expression as cultural freedom : the value of pluralism .
Pluralism , media , democracy and public opinion : law and culture .

.  Introduction to law

State. Constitution. Law. Legal system. The Constitution as a cultural document. The Italian constitution and its fundamental principles. Art, culture and landscape in the constitution. The cultural constitution: cultural freedom and freedom of art and science, and of teaching.

2.  Historical evolution of legislation on cultural heritage.

From the pre-unitary states to the Kingdom of Italy. Fascism and the transition to the Republican Constitution. The administrative reforms of the 1990s. The Cultural Heritage Code

3.  Internal organisation of the cultural heritage and its governing bodies. The Constitution and the Cultural Heritage and Landscape Code

Cultural freedoms. Language and its protection. The division of competences between State and Regions in the field of cultural heritage and activities after the reform of Title V of Part II of the Constitution. Notes on the functions of local authorities between subsidiarity and centralism. The Cultural Heritage and Landscape Code between protection and enhancement. Organisation of the Ministry of Culture.

4.  Identification and typologies of cultural heritage

Clarification of the basic notions of cultural heritage, cultural good, requirements of cultural goods. Identification of cultural property. 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

5.  The forms of protection

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

6.  Ownership and Circulation of Cultural Heritage

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.

7.  Cultural heritage and culture in European and international law

The main conventions on cultural heritage. The protection of cultural heritage from a transnational perspective (armed conflicts, underwater heritage). European cultural heritage and the EU treaties on cultural heritage.

8.  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. Private individuals and valorisation.

9.    Analysis of P.A. or jurisprudential measures

1. Knowledge and ability to understand: of the constitutional principles and primary norms that underlie the Italian cultural order. The most significant doctrinal and historical orientations should also be mastered.

Students achieve this basic knowledge through attendance at lectures and study of texts discussed in the classroom.

2. Ability to apply knowledge and understanding: through the ability to examine the main institutions for the guarantee and promotion of culture and cultural heritage in the light of the relevant legal norms.

2.1. Skills acquired through continuous cross-references between the prescriptive reality of law and the reality of the factual situation that marks cultural heritage.  

3. Skills of judgment: critical evaluation of the congruity and correspondence between the constitutional principles on freedom of culture and protection of cultural heritage and the factual state of its implementation in ordinary legislation and administrative protection, including decentralized.

3.1. This capacity for judgment should be demonstrated in classroom discussion with the lecturer and colleagues, seizing moments of critical verification as preparatory moments for the final examination.

4. Communication skills: students are urged to participate in the classroom through questions, interaction with the lecturer and fellow students.

4.1. Skill that is expressed in the classroom during moments of discussion, especially when examining the main norms of the cultural heritage code.

5. Learning ability: students are required to use a learning method capable of moving from the knowledge of norms to the acquisition of critical and personal opinions.

5.1. Skills to be enhanced by cultural stimuli suggested by the teacher and by comparison with colleagues or events in reality.

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

Frontal lessons.

Attendance

Study texts and Norms Indicated in the bibliography .

Students who want to take the exam as attending students are required to participate for at least 3/4 of the lesson hours.

Course books

M. Ainis, M. Fiorillo, L'ordinamento della cultura, Giuffrè, Milano, IV edizione, 2022.

M. Ainis, V. Sgarbi, La Costituzione e la bellezza, La nave di Teseo, Milano, 2016.

Testi normativi di riferimento:

-Costituzione della Repubblica italiana
-Codice dei beni culturali e del Paesaggio D.lgs. 22 gennaio 2004, n 42 e successive modificazioni.

Assessment

The exam will be held through an individual interview based on textbooks suggested. The aim is to evaluate both student's comprehension of the content and his ability in reworking concepts and in argumenting. It is possibile to present a written document on a topic agreed with the teacher. 

Excellent grades will be given in presence of: a good critical perspective and in depth study; knowing how to link among them the main subjects addressed during the course; the use of an appropriate language.

Good grades will be given in presence of:  good mnemonic knowledge of the contents; a relatively good critical perspective and connection skills related to the treated topics; the use of appropriate language.

Sufficient grades will be given in presence of: the achievement of a minimal knowledge on the treated themes, even in presence of some gaps; the use of a not appropriate language.

Negative grades will be given in presence of: a difficult orientation related to the the treated topics; knowledge gaps; the use of a not appropriate language.

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

Study texts and Norms Indicated in the bibliography .

Attendance

No obligation in particular.

Course books

M. Ainis, M. Fiorillo, L'ordinamento della cultura, Giuffrè, Milano, IV edizione, 2022.

M. Ainis, V. Sgarbi, La Costituzione e la bellezza, La nave di Teseo, Milano, 2016.

Testi normativi di riferimento:

-Costituzione della Repubblica italiana
-Codice dei beni culturali e del Paesaggio D.lgs. 22 gennaio 2004, n 42 e successive modificazioni.

Assessment

The exam will be held through an individual interview based on textbooks suggested. The aim is to evaluate both student's comprehension of the content and his ability in reworking concepts and in argumenting. It is possibile to present a written document on a topic agreed with the teacher. 

Excellent grades will be given in presence of: a good critical perspective and in depth study; knowing how to link among them the main subjects addressed during the course; the use of an appropriate language.

Good grades will be given in presence of:  good mnemonic knowledge of the contents; a relatively good critical perspective and connection skills related to the treated topics; the use of appropriate language.

Sufficient grades will be given in presence of: the achievement of a minimal knowledge on the treated themes, even in presence of some gaps; the use of a not appropriate language.

Negative grades will be given in presence of: a difficult orientation related to the the treated topics; knowledge gaps; the use of a not appropriate language.

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.