The course offers knowledge of the legal discipline of cultural heritage in the Italian legal system, without neglecting the necessary framework of European Union law and of the main international conventions gradually adopted on the subject. The goal is in fact to highlight the trends and the main legal challenges that globalisation imposes in the protection of the national cultural heritage.
Given the definition of the concept of "cultural heritage" and other related notions, the course illustrates the evolution of the legislation on the subject and explores, in the light of the constitutional principles and the Code of cultural heritage and landscape, the aspects relating to the proprietary regime cultural heritage, the administrative organisation, the division of competences between the State, regions and local authorities, the relations between public authorities and private entities, the functions of protection, enhancement, management and use, the circulation of cultural heritage at national level, European and international.
scheda docente
materiale didattico
It is recommended to consult the updated text of the Code of Cultural Heritage and Landscape (d. lgs. 42/2004).
Programma
The course is structured in a single teaching module covering the following topics: concepts and their definitions (cultural heritage, culture, cultural rights, cultural heritage, landscape and landscape assets, cultural activities, intangible cultural assets and immateriality of cultural assets ); the national, European and international regulatory framework and its historical evolution; cultural heritage and regulatory models (notes of comparative law); the constitutional principles (in particular, art. 9 of the Constitution: protection and promotion); types of cultural heritage, ownership regime and legal treatment (public, private, religious cultural heritage); the legislative and administrative powers of the State, regions and local authorities; the administrative organization (the MiBACT); cultural heritage, cultural activities and tourism; public-private relations (patronage, sponsorships, tax breaks); the functions and institutions (protection, valorisation, fruition, management; circulation and export of cultural heritage; archaeological discoveries); the valorisation of cultural activities (intangible cultural assets) and regional legislation; the cultural value of the landscape and the governance of the territory.Testi Adottati
Barbati, Cammelli, Casini, Piperata, Sciullo, Diritto del patrimonio culturale, il Mulino, Bologna, 2017.It is recommended to consult the updated text of the Code of Cultural Heritage and Landscape (d. lgs. 42/2004).
Modalità Erogazione
Normal lessonsModalità Frequenza
Attendance at lessons is recommendedModalità Valutazione
Oral exam