Abstract:

The “European Space for Higher Education”, the new higher educational European framework, was created in 1999 with the adoption of the Bologna Declaration. Its purpose was to harmonize the different education systems within the European Union and to offer students, teachers and workers effective mobility and exchange methods.

With this aim, one of the key elements of the reform is the establishment of a new learning model, in which the acquisition of competencies by the student is recognized as specially relevant. Therefore, the idea is that the student becomes more proactive and engaged in his/her own education. This way, this acquisition of competencies reaches a new dimension.

The concept of competencies is quite broad, including not only technical skills or knowledge, but also those competencies that conform the foundation and ruling principles of the professional activity.

Within this framework, this paper reflects on the intercultural element as a core competency in higher education. We consider that a professional who acquires knowledge and respect about cultures during the educational process will be better qualified to face the challenges of today’s global society.

Specifically, the analysis focuses on the law degree education on the basis of two concrete examples that show how important it is to provide jurists with an intercultural perspective. Many other interesting examples could also be mentioned, but these two are specially significant.

The first one refers to the so called “indigenous justice” and to its recognition as a valid conflict resolution system within a community. Some recent Latin-American cases are of particular interest.

The second example on the importance of interculturality for the comprehensive education of law professionals refers to the different experiences of training for judges and magistrates of foreign countries implemented by some States. In this context, it is quite controversial to determine whether those States are legitimized to adopt this initiative and, if so, in what terms.

In order to complete this theoretical analysis, the paper also includes the findings of a workshop given on July this year to a group of law professionals and undergraduate students at UNESCO headquarters in Geneva.

In order to train jurists capable of facing the great challenges of today’s world, it is essential that they perceive the positive aspects of the different cultures, looking at them respectfully, and with their minds open to the special characteristics of each legal system and of each society, being always ready to learn from others. Respect of other legal systems will make law professionals better able to respond to the contemporary global world’s requirements.

Keywords:

European Space for Higher Education, Bologna Declaration, acquisition of competencies, intercultural element, law studies.