The course aims to provide knowledge of the current Italian Law on cultural heritage protection. In particular, the course provides a frame of cultural heritage protection in light of the Italian Constitution, European Law and International Law. Starting with a deep analysis of the relationship between art and the Italian legal system from an 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 historical and artistic heritage. The Italian Cultural Heritage Code, which reflects the core values of the Italian legislation from a cultural standpoint, will be the main tool of in depth study within the course, along with a thorough analysis of the italian case law.
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
Mutuazione: 20703305 LEGISLAZIONE DEI BENI CULTURALI in ARCHEOLOGIA E STORIA DELL'ARTE L-1 N0 CAREDDA MARTA
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
