Cultural Heritage Law Lm A 2023/2024

CULTURAL HERITAGE LAW LM A - 6 CFU

1) Introduction on administrative law institutions, general framework necessary to understand cultural heritage law; the distinction between public and private law, constitutional principles, sources of law, essential concepts and typical institutions (administrative organisation, public bodies and organs, administrative action, measures, administrative procedures and some references to administrative justice) will be examined. Some references to the historical evolution of the discipline.

2) Constitutional references and the legal framework contained in the Code of Cultural Heritage and Landscape, the distinction between public and private cultural heritage, the identification system, the legal schemes of conservation and protection, direct and indirect constraints, authorisation procedures will be explored. The focus is on the concept of valorisation activities of cultural heritage as expressed in the Code by investigating a) the principles integrating a subject in relation to the legislative power of the Regions pursuant to art. 117 of the Constitution and art. 112 of the Code; b) the basic principles of valorisation as an activity: the provision and management of services and activities in the perspective of the primary interest of promoting the enjoyment of cultural heritage, services for the public and the direct and indirect management regime through concessions and service contracts; the different forms of collaboration between public and private entities and the financial support solutions (predominantly public and private).