The course aims to provide the necessary knowledge on the current Italian legislation on cultural heritage, offering a framework of the same in the light of constitutional, European and international principles. Starting from an examination of the relationship between art and the legal system in a historical perspective, the course will focus on the implications of constitutional commitments concerning the promotion of culture and science, as well as the protection of the landscape and the historical and artistic heritage. The specific translations of these values in ordinary legislation (in particular in the Cultural Heritage Code) will be the subject of in-depth study, also proposed through the analysis of case studies.
teacher profile teaching materials
Part I – Principles
The historical relationship between art, the legal system, and politics
Cultural heritage in the 1948 Republican Constitution: freedom of art and science; constitutional protection of cultural heritage, artistic heritage, and the landscape
Part II – Ordinary Legislation and the Administration of Cultural Heritage
Definitions of cultural property and property of cultural interest; the concept of landscape
Criteria and legal instruments for the protection of cultural property under the 2004 Cultural Heritage and Landscape Code
The governance of cultural heritage: central and local administrative authorities
Cultural activities: the legal regulation of the performing arts and entertainment sector
Part III – Further Topics
"Beauty" as a constitutional value
Case studies based on decisions of the Constitutional Court and the Council of State
Programme
Starting from a historical examination of the relationship between art and the legal system, the course explores the constitutional provisions concerning the promotion of culture and science, as well as the protection of the landscape and the historical and artistic heritage. Particular attention is devoted to the implementation of these constitutional values in ordinary legislation, especially in the Cultural Heritage and Landscape Code. The course examines the legal framework governing the protection and enhancement of cultural heritage under both Italian and international law. Through the analysis of case studies, primarily based on recent judicial decisions, students will gain an understanding of the practical implications of these legal provisions.Part I – Principles
The historical relationship between art, the legal system, and politics
Cultural heritage in the 1948 Republican Constitution: freedom of art and science; constitutional protection of cultural heritage, artistic heritage, and the landscape
Part II – Ordinary Legislation and the Administration of Cultural Heritage
Definitions of cultural property and property of cultural interest; the concept of landscape
Criteria and legal instruments for the protection of cultural property under the 2004 Cultural Heritage and Landscape Code
The governance of cultural heritage: central and local administrative authorities
Cultural activities: the legal regulation of the performing arts and entertainment sector
Part III – Further Topics
"Beauty" as a constitutional value
Case studies based on decisions of the Constitutional Court and the Council of State
