81578 - Cultural Heritage and Activities Law (1) (LM)

Learning outcomes

By the end of the course, students will have acquired fundamental juridical knowledge concerning the organisation and activities of public administration in general, with particular attention to the norms for the safeguard and promotion of cultural heritage, and for the promotion, management and support of artistic activities. Such skills, which are necessary to pass any competitive selection organised by public institution, will also allow students to operate with the appropriate method and awareness in any public cultural structure (public authorities, local departments, museums, libraries, archives, film archives) or private institution (foundations, galleries, audio-visual and multimedia production centres).

Course contents

Part I – Introduction to administrative law

In this part, students acquire the fundamental legal knowledge of public administration, which are the essential basis for the following parts of the course

Constitutional principles on public administration

The evolution of public administration in Italy

The organization of the public administration
- Public bodies, organs and offices
- Politics and administration
- Ministries, agencies and state peripheral bodies
- Independent authorities
- Technical bodies
- Regions and local government (notes)

Administrative activity
- The principles of the administrative action
- The administrative procedure
- Administrative acts and their regime
- Activities of private law of the public administration (notes)

- Public services

Part II – Art and Entertainment Law

Culture and administrative legal order
• The Reign of Italy
• The Fascism
• Culture and Constitution
• Policies in the Republican Age
• the Contemporary challenges

The constitutional values of aesthetics, art and culture

The Ministry of Cultural Heritage and Entertainment
The notion of cultural heritage and cultural goods
The protection of cultural heritage
The enhancement of cultural heritage

Students with SLD or temporary or permanent disabilities. It is suggested that they get in touch as soon as possible with the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) and with the lecturer in order to seek together the most effective strategies for following the lessons and/or preparing for the examination.

Readings/Bibliography

Part I

M. Clarich, Manuale di diritto amministrativo, sesta edizione, Il Mulino, 2024, limited to chapters 1, 2, 4, 5, 8, 9.

o, as an alternative,

F. Merloni, Istituzioni di diritto amministrativo, quarta edizione, Giappichelli, 2022, limited to chapters 1, 3, 6, 7, 9, 10, 18, 19, 20, 21

For foreign students I suggest reading :
G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2022, limited to chapters 1,2,5,6,7,11,12,13

 

Part II

C. Barbati, M. Cammelli, L. Casini, G. Piperata, G. Sciullo, Diritto del patrimonio culturale, Il Mulino, 2020
limited to chapters:
I. Patrimonio e beni
II. Organizzazione e soggetti, parr. 1-5, 7
III. Tutela, parr.1-3
IV. Valorizzazione e gestione

Daniele Donati, Governare l’inafferrabile. La cultura nella disciplina normativa e nella prassi amministrativa, in Munus 2017 n. 2 del 2017 pp. 256 e ss.

 

FOR THE STUDENTS OF GEOGRAPHY AND TERRITORIAL PROCESSES:

• G. Rossi, Diritto dell'ambiente, G. Giappichelli, 2021 relativamente a Parte I, capitoli II, III, IV, V, VI
  

• V. Mazzarelli, voce L'urbanistica e la pianificazione territoriale, in S. Cassese, Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo IV, p. 3335 e ss.

Teaching methods

The course is taught in frontal lessons.

Attendance at lectures is strongly recommended, especially for students who do not have university-level legal knowledge.

Attendance in the classroom will be randomly checked to qualify students as "attending" students, and allow them to access the preliminary written test in simplified form (see the section Learning assessment methods)

A seminar on method and tools of legal research is foreseen, the attendance of which is compulsory for students who intend to support their degree thesis in this subject.

There will also be some seminars aimed at deepening the knowledge of particularly relevant or topical aspects, to which scholars, representatives of institutions, professionals and experts in the field will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAMINATION (for students of the Italian language)

The examination takes place on the first day of roll call.

The examination consists of two parts, the first with 20 multiple-choice questions and the second with 3 open answers.

The multiple-choice test is preliminary and preparatory to the second part of the exam: it is passed with an evaluation of 15/20. For attending students, this preparatory test is considered passed with an evaluation of 12/20.

The final evaluation is determined by the result of the open-ended examination alone, which is the same for all students.

Therefore:

- if a student does not answer at least 15 questions in the first part (or 12, if attending), he/she will not be able to take the second part, thus finishing his/her test.

- if a student answers exactly at least 15 (or 12, if attending) of the first part, he/she continues his/her examination by taking the second part. The board will correct and assess the open questions.

The number of seats in the lecture room is limited, so students will be divided and called in several turns following alphabetical order. The time and place where they will take the test will be communicated by e-mail.

2. OPTIONAL ORAL EXAM

If a student passes the written exam, he/she can ask to have an oral exam to try to improve the final grade.
In this case he/she has to send a request to dar.didatticadonati@unibo.it in 48 hours by the publication of the written exam evaluation.

A date for the oral exam will be communicated asap.

If the student does not ask for the oral exam in 5 days the evaluation will be automatically recorded.

3.EXAMINATIONS FOR NON-ITALIAN-SPEAKING STUDENTS

Non-Italian-speaking students have the opportunity to take the oral examination on the day of the written test. They have to:

- book themselves by sending an e-mail to dar.didatticadonati@unibo.it

- register for the written examination.

Students with SLD or temporary or permanent disabilities. It is necessary to contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) with ample time in advance: the office will propose some adjustments, which must in any case be submitted 15 days in advance to the lecturer, who will assess the appropriateness of these in relation to the teaching objectives.

Teaching tools

Further course materials will be available on "Virtuale".

Links to further information

https://www.unibo.it/sitoweb/daniele.donati/

Office hours

See the website of Daniele Donati