EUROPEAN LAW OF TOURISM AND CULTURE
The educational objectives of the course are threefold. First of all, the basic elements and key concepts of European Union Law will be provided by presenting the institutional framework of the Community order, as well as the type, nature and effects of the sources of European Union law.
In this context, the principle of subsidiarity and the principle of conferral of competences will be illustrated to understand the technical and political reasons underlying the limited competence of the Union in the field of tourism culture. Once these necessary elements have been clarified, it will be possible to move on to the detailed study of specific acts looking at the role of cultural heritage as an element for European integration, and then move on to the study of Directive 2014/60 on the restitution of goods that have unlawfully left the territory of a Member State, as well as on the methods of protection of cultural heritage when it consists in “immaterial goods”. On the same ground the directive 2015/2302 on travel package will be analysed.
At the end of the course, therefore, students must have understood the basic knowledges of EU law in order to achieve a critical and conscious reading of European standards in the field of culture and tourism.
Schematizing, we could say that students will develop:
a) A knowledge and understanding of the general structure and modus operandi of EU law;
b) The ability to apply this knowledge and understanding to the specific sector of culture;
c) Autonomy of judgment, as they will have developed a critical approach to the subject that will allow them to deepen their knowledge independently;
d) Communication skills and legal language requiring them to use technical / legal terms, both during the course and in the final exam;
e) Learning skills, as students will have to acquire the basic tools of EU law.
Knowledge of basic elements of public law are welcome
Institutional and legislative framework of EU law. General remarks on the protection of cultural goods in EU law. Cultural heritage for european integration. The culture as exception of the free circulation of goods. The managing of cultural heritage and public employment exception. The application of directive 2014/60 for the restitution of cultural goods that have unlawfully left the territory of a member State. The directive on package travel and linked travel arrangements
After a general overview of the istitutional and legislative asset of EU legal order, the course will focus on specific acts and question concerning cultural and tourism policy
The teaching model departs from traditional method of lectures (cd. frontal teaching) for the part of the course concerning the genaral institutional and legislative framework. Nevertheless this method will be integrated with the more innovative methods involving students in debates and case studies simulations.
Enzo Catani, Gianluca Contaldi, Fabrizio Marongiu Buonaiuti (a cura di).
La tutela dei beni culturali nell’ordinamento internazionale e nell’Unione europea
Convegno di Studi, Macerata 24 ottobre 2018
G. Tesauro a cura di P. De Pasquale e F. Ferraro, Diritto dell'UE, Napoli, ultima ed.
During the course relevant acts and case-law will be provided
The evaluation of learning consists into three basic moments: the initial evaluation, the ongoing evaluation and the final one. The initial evaluation is aimed to understand the general cultural level and formative background of the students attending the course. The formative or ongoing evaluation is aimed at capturing analytical and continuous information on the learning process of the students. This partial assessment, which measures the knowledge acquired and the skills gained at the end of an activity or a topic of study, can only be carried out for students who follow the course through "active" participation in the lessons with questions and presentations of practical cases. It favours self-assessment by students and provides the teacher with indications to activate any corrections to the teaching action or prepare reinforcement / recovery interventions, consolidation, strengthening.
The exam consists of an oral test. Evaluation criteria and scores are determined according to the following scale:
- less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes provided for in the point "knowledge and understanding";
- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes envisaged in the point "knowledge and understanding";
- 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes provided for in the points "knowledge and understanding" and "applied knowledge and understanding";
- 24-26/30 - good level: the candidate achieves, in particular, the learning outcomes provided for in the points "knowledge and understanding"; "applied knowledge and understanding" and "autonomy of judgment";
- 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes provided for in the points "knowledge and understanding"; "applied knowledge and understanding"; "autonomy of judgment" and "communication skills";
- 30-30 laude - excellent level: the candidate fully achieves the learning outcomes provided for in the points knowledge and understanding; "applied knowledge and understanding"; "autonomy of judgment"; "communication skills" and "learning skills".
The test (questions on the contents of the reference texts) is considered passed if the student demonstrates at least a sufficient level of knowledge with respect to the learning outcomes envisaged as educational objectives of the course.