21810518 - DIRITTO DELL'AMBIENTE E DEL PATRIMONIO CULTURALE

The subject of the course is the legal relevance of environmental and cultural interests, which has the effect of increasingly shaping the actions of public administrations. In this perspective, the essential features of the regulatory framework of reference at European and national level will be reconstructed, with particular attention to the Code of Cultural Heritage and Landscape and the Environmental Code and with specific regard to the administrative instruments useful for the settlement of conflicts between environmental and cultural interests and those pertaining to the economic and productive sector
teacher profile | teaching materials

Programme

Cultural heritage and cultural assets. Types of cultural heritage.
Ownership of cultural heritage.
Cultural property. Verification and declaration of cultural interest.
Organisation and subjects.
The protection of cultural heritage: protection and conservation measures.
The landscape and landscape assets.
The instruments: constraints, planning and landscape authorisation.
The valorisation of cultural heritage.
Cultural sponsorships
The archaeological protection of the territory
Environment and law.
General principles: sustainable development, precaution and prevention. The sources: international, European, constitutional, national
Functions and procedures.
Typical procedures: EIA, SEA, AUSA.
Energy and environment.
Agri-voltaics, photovoltaics, off shore and landscape interests
Subjective situations, damages and protections.
Climate litigation
New ways of protecting environmental rights: Earth jurisprudence and the first rulings on the new art. 9 Cost.

Core Documentation

COMPULSORY TEXTS

- C. Barbati, M. Cammelli, L. Casini, G. Piperata, G. Sciullo, Diritto del patrimonio culturale, Bologna, Il Mulino, latest edition (with reference only to the chapters that will be indicated in the lecture)
- G. Rossi (a cura di), Diritto dell'ambiente, Torino, Giappichelli, latest edition (with reference only to the chapters that will be indicated in the lecture)

Slides will be provided in support of the lectures as well as additional background material.

Attendance

Attendance is not compulsory but strongly recommended.

Type of evaluation

Students will be assessed on an ongoing basis by means of an assessment that will take into account their attendance and active participation in the lessons and exercises. It will also be possible, on an optional basis, to take a written exoneration consisting in the administration of open-ended questions on certain previously agreed topics from the examination programme. The previous elements will contribute to the formulation of the mark awarded in the oral examination. The examination will be supported by open-ended questions on the syllabus that also take into account the exercises carried out during the course.