CONSTRUCTION LAW ENVIRONMENTAL AND CULTURAL HERITAGE LAW

Teachers: 
SOLLINI MATTEO
Credits: 
4
Site: 
PARMA
Year of erogation: 
2021/2022
Unit Coordinator: 
SOLLINI MATTEO
Disciplinary Sector: 
Administrative Law
Semester: 
First semester
Year of study: 
2
Language of instruction: 

Italian

Learning outcomes of the course unit

Knowledge and learning skills:
At the end of the course, the student will have acquired a specific
preparation in the field of building activities (Building Law) and landscape
discipline (Code of Cultural Heritage and Landscape), also following the
examination of practical cases
The student will also acquire the basic knowledge and skills of the
discipline of reference, to address, in the future, a deepening and
independent evaluation of these aspects, certainly necessary for the
performance of the profession, either in a free form or under the
authority of a public administration.
Skills:
At the end of the course of study, the student will have learned the
procedures for the training on buildings subject to landscape or cultural
restrinctions, as well as the rules governing them. The student will be
able, therefore, to educate, independently, the main requirements
related to these procedures, now consisting, mainly, in the compilation of
single forms prepared both at national and regional level.
Ability to communicate:
Upon passing the exam the student must have a sufficient property of
studente potrà ripresentarsi al successivo appello, previa adeguata
preparazione.
Nel corso delle prove somministrate (test obbligatorio ed eventuale
colloquio orale facoltativo), lo studente sarà valutato, prioritariamente, in
relazione ai seguenti parametri:
a) adeguata capacità di esposizione linguistica (scritta e orale) dei
concetti, con buona padronanza del lessico tecnico-giuridico acquisito;
b) capacità di identificare e valorizzare le connessioni esistenti tra i
diversi istituti del diritto delle opere pubbliche, dell’edilizia e dei beni
culturali e paesaggistici, fornendo dimostrazione di una preparazione
coerente e sistematica, che non si sviluppi come mera sommatoria di
macro-argomenti apparentemente indipendenti;
c) adeguata capacità di ragionamento, che prescinda dalla formale
acquisizione ed acritica ripetizione di dati normativi puramente letterali.
Qualora, a causa del perdurare dell'emergenza sanitaria da Covid-19,
fosse necessario integrare lo svolgimento degli esami di profitto con la
modalità a distanza, il test scritto verrà sostituito da un colloquio orale a
distanza con applicativo Teams, mediante somministrazione di n. 4
quesiti.
language, at least as regards the specific technical-legal terminology of
the course.

Prerequisites

Good dominance of Italian language

Course contents summary

- the regulation of building activities in general;
- the Building Regulations, the Municipal Building Commission and the
Building Point of contact;
- permission to build;
- the certified start-of-activity report (s.c.i.a.) and the previous start-ofactivity
report (d.i.a.);
- the s.c.i.a. alternative to building permission;
- planning and construction offences;
- the general discipline of the landscape (historical and evolutionary
elements); - the role and powers of the Superintendents, as peripheral
branches of the MIBAC;
- the nature and procedure for establishing the landscape restriction;
- the relationship between building activity and landscape protection;
- the general rules governing cultural goods;
- Direct and indirect cultural restrictions

Recommended readings

G. PAGLIARI, Manuale di diritto urbanistico, Milano, Giuffrè Francis
Lefebvre, 2019 (ISBN 9788828815792), limited to the following parts:
Parte Terza (Premessa and Chap. I,II,III,IV,V,VI,VII,VIII,IX); Parte Quarta
(entirely); Parte Sesta (Chap. I,II,III).

Teaching methods

The course is divided into a series of lectures of active learning (in the
classroom, in the presence), during which will always be reserved a
dialogue with the classroom. A number of examples of the practical
application of individual legal systems will be given at the level of each
topic. All the legislation mentioned or analyzed in the classroom will be
made available at the individual lessons and will be an integral part of the
learning and exam program. If, due to the continuing health emergency
from Covid-19, it is necessary to carry out the lessons at a distance, it will
proceed in synchronous mode, through Application Teams, after
appropriate communication to the students.

Assessment methods and criteria

The verification of learning consists of a written test (test), and a
possible optional oral test, to be held on the same day of administration
of the written test, and immediately after its correction by the teacher.
The exam consists of a written test, lasting 40 minutes, consisting of 11
questions, of which 10 with closed answer, and one with open answer.
Each closed question presents three possible answers, of which only one
is correct.
The maximum score achieved by passing the test is 27/30.
The test consists of n. 2 closed-ended questions, each with a value of 1
point, n. 3 closed-ended questions, each with a value of 2 points, and n. 5
closed-ended questions, each with a value of 3 points.The open-ended
question has a value of 4 points. The evaluation of the answer given to
the open-ended question - from 0 to 4 points - is based on the verification
of the mastery of the Italian language and the technical vocabulary of the
discipline, as well as on the completeness, relevance and coherence of
the answer, in relation to the subject matter of the question.
In case of successful completion of the test, that is with the achievement
of a score of at least 18/30 (sufficiency), the student has the right to
accept or refuse the vote.
In case of simple acceptance, the subsequent verbalization will be carried
out electronically.
In case of acceptance of the grade obtained at the result of the written
test, but with request for oral integration, the student immediately
submits to tIn case of refusal of the grade obtained at the result of the
written test, the student may reapply at the next appeal, after
appropriate preparation.
During the tests administered (compulsory test and optional oral
interview), the student will be evaluated, as a priority, in relation to the
following parameters:
a) adequate ability of linguistic exposure (written and oral) of the
concepts, with good command of the technical-legal vocabulary
acquired;he supplementary oral test.
b) the ability to identify and enhance the links between the different
institutions of urban planning law, public works, construction and cultural
and landscape heritage, demonstrating consistent and systematic
preparedness, that it does not develop as a mere summation of
apparently independent macro-arguments;
c) adequate reasoning ability, which disregards the formal acquisition
and uncritical repetition of normative data purely literal.
If, due to the continuing health emergency from Covid-19, it is necessary
to integrate the performance of the examinations of profit with the
remote mode, the written test will be replaced by an oral interview, by
administration of n. 4 questions, the first of which - always having as its
object the system of sources of law - will be of a preliminary nature, in
the sense that the incorrect or omitted answer to this question will not
allow the continuation of the oral examination.