Ateneo - UPO

The essential contents of the course are as follows: introduction to legal phenomenology, historical evolution of legislation on cultural heritage, essential vocabulary and basic concepts of cultural heritage law, national discipline on cultural heritage (Constitution and Cultural Heritage and Landscape Code), identification of cultural heritage, discipline of protection and intervention, ownership and circulation of cultural heritage, international discipline of cultural phenomenon, enhancement of cultural heritage.

For examination purposes, careful study of the course materials made available by the lecturer on the course page on the DIR platform is recommended.

As a textbook for possible further study, we suggest F. Gaffuri (ed.), Diritto dei beni culturali, Le Monnier, ult. ed.

The course aims to analyze the cultural heritage legislation in Italy, illustrating the main issues and topics, in particular the notion of cultural heritage and the functions of protection, management and enhancement of cultural heritage.

Nothing.

Lectures, with possible in-depth seminars and exercises.
Legal terminology is explained during the course.
Supporting material will be provided to the students.

Nothing.

The examination will first of all involve the delivery of a paper/work on a topic identified by the lecturer, articulated in such a way as to verify not only the complete and exhaustive acquisition of the theoretical notions of the subject, but also the skills acquired in the solution of concrete problems and the ability to critically rework them. Specific instructions for the paper submission are available on the course page on DIR.

The test therefore aims to ascertain:
- the knowledge of the topics in the syllabus;
- the ability to expound them with appropriate legal vocabulary;
- the ability to connect in a systemic form the knowledge gained;
- the analytical and argumentative skills;
- the ability to apply the acquired knowledge to concrete case law and the ability to critically elaborate it.

Students are therefore invited to contact the lecturer well in advance of the chosen examination date in order to define the subject matter of the paper and receive appropriate guidance.

It should be noted that at the end of the course, an exercise subject to evaluation, relevant to the final exam, may be scheduled, depending on the concrete development of the teaching course.

1. Introduction to legal phenomenology

Introduction to the study of legal phenomenology and law. The concepts of law, system, and norm. The functioning of norms: the harmony of the system and potential antinomies. The relationship between law and society. The domestic legal plexus 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 evolution of legislation on cultural property.

Hints at the experience of the Papal States. The preunitary 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 in the field of 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 basic concepts of cultural heritage law.

Fundamentals in the law and legislation of cultural heritage in the domestic system (cultural property, cultural heritage, protection, enhancement, place of culture, archaeology, intangible cultural heritage, landscape, landscape property, archives). Collections, ensemble goods 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 powers between state and regions in the field of cultural heritage and activities. Hints at the functions of local authorities. The Cultural Heritage and Landscape Code.

5. The identification of cultural property.

Identification of cultural assets. Cultural property ope legis, verification of cultural interest, declaration of cultural interest. The stage-by-stage procedure. The final measure and its justification. 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, permissible, urgent, imposed interventions, the supervision of interventions, the regime of expenses). The concept of restoration and its discipline. Restorers.
7. Ownership and circulation of cultural property.

Cultural property. Inalienable and alienable property with prior authorization. The expropriation of cultural property. The circulation of cultural property in the national domain: report of transfer and right of first refusal. The trade in old and used things. The international circulation: monitoring and control system, definitive and temporary exit, cases of prohibited exit and subject to authorization. Certificate of free circulation and compulsory purchase.

8. Cultural property and culture in international law.

The main conventions on cultural heritage (in particular the conventions of the Council of Europe and 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 enhancement of cultural heritage.

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

10. Workshop

Workshop on jurisprudence and administrative records relevant to cultural property. Review of case history.

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 knowledge and consequently understand, from a legal point of view, the issues and topics of cultural heritage law even in practice.
c. Autonomy of judgment: at the end of the course, students should have acquired the ability to consciously and autonomously understand legal topics and issues related to cultural heritage law.
d. Communication skills: at the end of the course, students should be able to communicate information, knowledge and ideas related to cultural heritage law to other people and experts.
e. Ability to learn: at the end of the course, students should have acquired the learning skills needed to undertake further studies with a high level of autonomy.