Обеспечение основных прав в борьбе с коррупцией с применением больших данных в КНР: основные законы, риски и пути

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen.
 The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
 The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms.
 The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

The purpose of the work is to study the current problems and prospects of the solution for processing big data received or stored in the Internet (web data), as well as the possibility of practical realization of Data Mining technology for big web data on practical example. Materials and methods. The study included a review of bibliographic sources on big data analysis problems.Data Mining technology was used to analyze large web data, as well as computer modeling of a practical problem using the C # programming language and creating a DDL database structure for accumulating web data.Results. In the course of the work, the specifics of big data were described, the main characteristics of big data were highlighted, and modern approaches to processing big data were analyzed. A brief description of the horizontal-scalable architecture and the BI-solution architecture for big data processing is given. The problems of processing large web data are formulated: limiting the speed of access to data, providing access via network protocols through general-purpose networks.An example showing the approach to processing large web data was also implemented. Based on the idea of big data, the described complexities of web data processing and the methods of Data Mining, techniques were proposed for effectively solving the practical problem of processing and searching patterns in a large data array.The following classes have been developed in the C # programming language:Class of receiving web data via the Internet; Data conversion class;Intelligent data processing class;Created DDL script that creates a structure for the accumulation of web data.A single UML class diagram has been developed.The constructed system of data and classes allows to solve the main part of the problems of processing large web data and perform intelligent processing using Data Mining technology in order to solve the problem posed of identifying certain records in a large array. The combination of object-oriented approach, neural networks and BI-analysis to filter data will speed up the process of data processing and obtaining the result of the studyConclusion. According to the results of the study, it can be argued that the current state of technology for analyzing large web data allows you to efficiently process data objects, identify patterns, get hidden data and get full-fledged statistical data.The obtained results can be used both for the purpose of the initial study of big data processing technologies, and as a basis for developing an already real application for analyzing web data. The use of neural networks and the created universal classes-handlers makes the created architecture flexible and self-learning, and the class declarations and the base DDL structure will greatly simplify the development of program code.

Photo by Josh Riemer on Unsplash
 Introduction
 With the rapid advancements in neurotechnological machinery and improved analytical insights from machine learning in neuroscience, the availability of big brain data has increased tremendously. Neurological health research is done using digitized brain data.[1] There must be adequate data governance to secure the privacy of subjects participating in brain research and treatments. If not properly regulated, the research methods could lead to significant breaches of the subject’s autonomy and privacy. This paper will address the necessity for neuroprotection laws, which effectively govern the use of big brain data to ensure respect for patient privacy and autonomy.
 Background
 Artificial intelligence and machine learning can be integrated with neuroscience big brain data to drive research studies. This integrative technology allows patterns of electrical activity in neurons to be studied in detail.[2]Specifically, it uses a robotic system which can reason, plan, and exhibit biologically intelligent behavior. Machine learning is a method of computer programming where the code can adapt its behavior based on big brain data.[3] The big brain data is the collection of large amounts of information for the purpose of deciphering patterns through computer analysis using machine learning.[4] The information that these technologies provide is extensive enough to allow a researcher to read a patient’s mind. AI and machine learning technologies work by finding the underlying structure of brain data, which is then described by patterns known as latent factors, eventually resulting in an understanding of the brain’s temporal dynamics.[5]
 Through these technologies, researchers are able to decipher how the human brain computes its performances and thoughts. However, due to the extensive and complex nature of the data processed through AI and machine learning, researchers may gain access to personal information a patient may not wish to reveal. From a bioethical lens, tensions arise in the realm of patient autonomy. Patients are not able to control the transmission of data from their brains that is analyzed by researchers. Governing brain data through laws may enhance the extent of patient privacy in the case where brain data is being used through AI technologies.[6] A responsible approach to governing brain data would require a sophisticated legal structure.
 Analysis
 Impact on Patient Autonomy and Privacy 
 In research pertaining to big brain data, the consent forms do not fully cover the vast amounts of information that is collected. According to research, personal data has become the most sought out commodity to provide content to corporations and the web-based service industry. Unfortunately, data leaks that release private information frequently occur.[7] The storage of an individual’s data on technologies accessible on the internet during research studies makes it vulnerable to leaks, jeopardizing an individual’s privacy. These data leaks may cause the patient to be identified easily, as the degree of information provided by AI technologies are personalized and may be decoded through brain fingerprinting methods.[8]
 There has been an extensive growth in the development and use of AI. It is efficient in providing information to radiologists who diagnose various diseases including brain cancer and psychiatric disease, and AI assists in the delivery of telemedicine.[9] However, the ethical pitfall of reduced patient autonomy must be addressed by analyzing current AI technologies and creating more options for patient preference in how the data may be used. For instance, facial recognition technology[10] commonly used in health care produces more information than listed in common consent forms, threatening to undermine informed consent. Facial recognition software collects extensive data and may disclose more information than a person would prefer to provide despite being a useful tool for diagnosing medical and genetic conditions.[11] In addition, people may not be aware that their images are being used to generate more clinical data for other purposes. It is difficult to guarantee the data is anonymized. Consent requirements must include informing people about the complexity of the potential uses of the data; software developers should maximize patient privacy.[12] Furthermore, there is a “human element” in the use of AI technologies as medical providers control the use and the extent to which data is captured or accessed through the AI technologies.[13] People must understand the scope of the technology and have clear communication with the physician or health care provider about how the medical information will be used. 
 Existing Laws for Brain Data Governance 
 A strict system of defined legal responsibilities of medical providers will ensure a higher degree of patient privacy and autonomy when AI technologies and data from machine learning are used. Governing specific algorithmic data is crucial in safeguarding a patient’s privacy and developing a gold standard treatment protocol following the procurement of the information.[14] Certain AI technologies provide more data than others, and legal boundaries should be established to ensure strong performance, quality control, and scope for patient privacy and autonomy. For instance, currently AI technologies are being used in the realm of intensive neurological care. However, there is a significant level of patient uncertainty about how much control patients have over the data’s uses.[15] Calibrated legal and ethical standards will allow important brain data to be securely governed and monitored.
 Once brain signals are recorded and processed from one individual, the data may be merged with other data in Brain Computer Interface Technology (BCI).[16] To ensure a right and ability to retrieve personal data or pull it from the collection, specific regulations for varying types of data are needed.[17] The importance of consent and patient privacy must be considered through giving patients a transparent view of how brain data is governed.[18] The legal system must address discriminatory issues and risks to patients whose data is used in studies. Laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Protection Act (CCPA) can serve as effective models to protect aggregated data. These laws govern consumer information and ensure the compliance when personal data is collected.[19] California voters recently approved expansion of the CCPA to health data. The Washington Privacy Act, which would have provided rights to access, change, and withdraw personal data, failed to pass. Other states should improve privacy as well,[20] although a federal bill would be preferable. Scientists at the Heidelberg Academy of Sciences argue for data security to be governed in a manner that balances patient privacy and autonomy with the commercial interests of researchers.[21] The balance could be achieved through privacy protections like those in the Washington Privacy Act. Although the Health Insurance Portability and Accountability Act (HIPAA) provides an overall framework to deter the likelihood of dangers to patient protection and privacy, more thorough laws are warranted to combat pervasive data transfer and analysis that technology has brought to the health care industry.[22] Breaches of patient privacy under current HIPAA regulations include releasing patient information to a reporter without their consent and sending HIV data to a patient’s employer without consent.[23] HIPAA does not cover information being shared with outside contractors who do not have an agreement with technology companies to keep patient data confidential. HIPAA regulations also do not always address blatant breaches on patient data confidentiality.[24] Patients must be provided with methods to monitor the data being analyzed to be able to view the extent of private information being generated via AI technologies. In health research, the medical purposes of better diagnosis, earlier detection of diseases, or prevention are ethical justifications for the use of the data if it was collected with permission, the person understood and approved the uses of the data, and the data was deidentified.
 A standard governance framework is required in providing the fairest system of care to patients who allow their brain data to be examined. Informed consent in the neuroscience field could reaffirm the privacy and autonomy of patients by ensuring that they understand the type of information collected. Laws also could protect data after a patient’s death. Malpractice in the scope of brain data could give people a cause of action critical in safeguarding patient’s rights. Data breach lawsuits will become common but generally do not cover deidentified data that becomes part of big data collection. A more synchronized approach to the collection and consent process will encourage an understanding of how big data is used to diagnose and treat patients. Some altruistic people may even be more likely to consent if they know the largescale data collection is helpful to treat and diagnose people. Others should have the ability to opt out of sharing neurological data, especially when there is not certainty surrounding deidentification.[25]
 Conclusion
 Artificial intelligence and machine learning technologies have the potential to aid in the diagnosis and treatment of people globally by extracting and aggregating brain data specific to individuals. However, the secure use of the data is necessary to build trust between care providers and patients, as well as in balancing the bioethical principles of beneficence and patient autonomy. We must ensure the highest quality of care to patients, while protecting their privacy, informed consent, and clinical trust. More sophis

This paper focuses on using big data technology to solve the operational reliability evaluation problem in the power distribution system. Operational reliability evaluation means the capability to forecast the future reliability from the current system. This becomes a challenge problem as the power distribution network has been even more complex. Meanwhile, the safety and reliability are considered more and more critical for the network. Therefore, it needs to new approach to evaluate the operational state of power distribution system. For such a purpose, this paper proposes an operational reliability evaluation method based on the big data of distribution network and big data processing technology. Based on the operational reliability index system of distribution network, this paper firstly analyzed the main influencing factors of each reliability indexes by using parallel association rules mining method. Then, by using these factors as input variables, an evaluation model was established based on artificial neural network. Based on the evaluation model and real-time data, the operational reliability can be obtained.

The activity of the European Court of Human Rights is investigated and the significance of the relevant practice of the European Court for the judicial practice of Ukraine is determined. It is emphasized, that a constitutional complaint serves as an effective means of protecting fundamental human rights, strengthening the rule of law and building democracy, which has already been tested in many countries around the world. The article notes that the institution of constitutional complaint significantly expands the possibilities of protecting citizens. In general, this institution is a kind of constitutional appeal, which should be understood as a written petition, submitted to the Court to review the constitutionality of the law of Ukraine (its constitutional provisions), which is used in the final court decision in the case of the subject of a constitutional rights complaint. The author also draws attention to the issues of advantages and disadvantages of a constitutional complaint and a constitutional appeal separately. Thus, one of the advantages of having a constitutional complaint is that the grounds for filing a constitutional complaint are a violation of fundamental human and civil rights. The advantages also include the fact that, unlike a constitutional appeal, which is a mechanism solely for interpreting a certain provision of the law, which excludes the possibility for individuals to apply to a constitutional justice body to declare regulations unconstitutional, a complaint directly provides such a right. However, at the same time, the model of the constitutional complaint, introduced in Ukraine on the subject, is an incomplete normative constitutional complaint, which is related to the consideration of a specific case. After all, according to it, only one type of normative legal act is subject to appeal, a law, and only the one that was applied during the trial of the person. It is stated, that ensuring the possibility of a person to take an active part in the control over the activities of higher state authorities, which is implemented in the relevant legal forms, provides grounds for recognizing a constitutional complaint as one of the modern institutions of democracy. In fact, a constitutional complaint is an effective procedural means to protect the fundamental rights and freedoms of citizens

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine. Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.

Cloud computing and big data: Technologies and applications

With the advent of the big data era, the amount of various types of data is growing exponentially. Technologies such as big data, cloud computing, and artificial intelligence have achieved unprecedented development speed, and countries, regions, and multiple fields have included big data technology in their key development strategies. Big data technology has been widely applied in various aspects of society and has achieved significant results. Using data to speak, analyze, manage, make decisions, and innovate has become the development direction of various fields in society. Taxation is the main form of China’s fiscal revenue, playing an important role in improving the national economic structure and regulating income distribution, and is the fundamental guarantee for promoting social development. Re examining the tax administration of tax authorities in the context of big data can achieve efficient and reasonable application of big data technology in tax administration, and better serve tax administration. Big data technology has the characteristics of scale, diversity, and speed. The effect of tax big data on tax collection and management is becoming increasingly prominent, gradually forming a new tax collection and management system driven by tax big data. The key research content of this article is how to organically combine big data technology with tax management, how to fully leverage the advantages of big data, and how to solve the problems of insufficient application of big data technology, lack of data security guarantee, and shortage of big data application talents in tax authorities when applying big data to tax management.

Objective:to carry out a comprehensive analysis of the impact of democratic governance principles in a state on corporate governance.Methods:dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results:the article proposes a different rationale for corporate democracy based on an equivalence, not an analogy. The equivalence is that subordination feels essentially the same to an individual whether a public or a private entity carries it out. In the political system, democracy counteracts subordination by giving everyone political autonomy, an independent voice in controlling the power structure. By the same reasoning, those who work for a living should arguably control the institutions for which they work. Thus, the norms of democracy, when translated into the economic realm, yield the principle that people should not work for their livelihood on terms another person establishes. This can be called the principle of popular economic sovereignty.Scientific novelty:for the first time, the work makes a conclusion that the modern understanding of both the state and the corporation developed from medieval corporativist thinking. This same mode of thought generated the idea of representation that enabled individuals who were not leaders of a structured hierarchy to participate in state decisions, certainly one of the great insights of Western political thought. Representation became the mechanism by which democratic government was instituted. As democracy developed, the scope of representation expanded to include all competent adults. This same expanded concept of representation can be extended to employment relations and would serve the same purposes as it serves in the political arena – individual autonomy and opposition to oppression. Corporations would be controlled by boards elected by the workers; small employers and individuals would be required to hire employees from labor exchanges run by the workers who are being provided. This proposal, although it sounds radical and impractical, could rather easily be implemented for both major corporations and all other employment relationships as well, and might well be more economically efficient than current modes of economic organization, as well as being more fair to the workers.Practical significance:the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the theory of popular economic sovereignty.

Objective: to define libertarian principles of labor law, to establish their place in the system of labor law, and to identify problems related to their implementation in the law enforcement practice of EAEU member states.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-legal, comparative-legal, and method of specific sociological research.Results: based of natural-law and libertarian concepts of legal understanding, the author formulates a definition of the “libertarian principles of labor law” concept as guiding ideas that embody freedom and underlie the labor law construction. The author determines the vector of its further development in the regulation of labor and associated relations. The main libertarian principles of labor law are proposed and analyzed: a) freedom of labor force movement; b) freedom of labor and the right to work; c) prohibition of forced labor; d) freedom of contract (specified as the principles of freedom of labor contract, freedom of collective bargaining, agreement); e) freedom of association; f) freedom of collective bargaining, freedom of choice in discussing issues within the sphere of labor, voluntariness of the parties’ taking obligations (as the main principles of social partnership). The study results are expressed in theoretical conclusions and assessment of labor legislation of the EAEU countries in terms of the libertarian principles of labor law completely reflected and guaranteed in them.Scientific novelty: the paper is the first to analyze libertarian principles of labor law as a separate group of principles of labor law in the EAEU member states and to reveal the legal nature and system of libertarian principles of labor law.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the consideration and resolution of labor disputes, in overcoming gaps and legal conflicts in labor legislation.

Objective: to study the gaps in the legal regulation of relations in the sphere of inventions made by artificial intelligence.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results: in Thaler v. Vidal, the U.S. Court of Appeals for the Federal Circuit ruled that an artificial intelligence (AI) machine cannot be an inventor under patent law. This decision leaves open the question of whether a natural person can be the legal inventor of AI-generated inventions. This is a pressing question because it decides whether AI-generated inventions are patentable, as no patent rights can exist without an inventor. Scholars have proposed two doctrines that might resolve this question: the doctrine of simultaneous conception and reduction to practice and the doctrine of first to recognize and appreciate. This article analyzes the two doctrines and argues that neither doctrine readily applies to AI-generated inventions, thereby leaving an “inventorship gap”.Scientific novelty: the article is the first to pose and solve the problem of legal regulation of inventions made with the help of artificial intelligence and to state the need for the U.S. Congress to amend the copyright law in terms of recognizing a physical person who uses artificial intelligence to generate inventions as the author of such inventions. It bridges the gap in legal regulation of relations in the sphere of inventions and patenting and facilitates the goals of the patent system.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the legal regulation of relations in the sphere of inventions made by artificial intelligence.

The research analyzes current trends in ensuring personal security taking into account International Law. The priority position of the individual declared by the norms of international law is assessed differently by national legal systems. The interest of States in preserving the inviolability of fundamental human rights and freedoms implies the use of various mechanisms to achieve these goals.
 New trends in socio-economic development in the context of globalization predetermine the need to improve the national system for ensuring personal security taking into account international legal principles. Attention is focused on the state of human security and fundamental rights and freedoms declared by international and national law and guaranteed by the State. International normative and legal acts aimed at strategic directions of ensuring personal security are subject to analysis.
 The article notes the relationship between the transformation of socio-economic character and the state, structure, dynamics of crimes against the individual. Bringing the norms of national law into conformity with the norms, principles and provisions of international normative-legal acts of universal and regional character is recognized as one of the directions of ensuring personal security.
 The research is focused on the key areas of counteracting attacks on the person taking into account the novelization of modern criminal legislation and law enforcement activities. Close attention is paid to the development and implementation of organizational and practical measures to counteract crimes against the individual at federal and regional levels. The strategic directions developed and implemented at the national level to improve the effectiveness of activities related to ensuring human criminological safety are of applied importance.
 The conceptual directions of realization of the state policy on prevention, suppression and counteraction of violent crime against the person proposed in the article have practical and oriented value.

This paper uses big data technologies to study base stations’ behaviors and activities and their predictability in mobile cellular networks. With new technologies quickly appearing, current cellular networks have become more larger, more heterogeneous, and more complex. This provides network managements and designs with larger challenges. How to use network big data to capture cellular network behavior and activity patterns and perform accurate predictions is recently one of main problems. To the end, first we exploit big data platform and technologies to analyze cellular network big data, i.e., Call Detail Records (CDRs). Our CDRs data set, which includes more than 1,000 cellular towers, more than million lines of CDRs, and several million users and sustains for more than 100 days, is collected from a national cellular network. Second, we propose our methodology to analyze these big data. The data pre-handling and cleaning approach is proposed to obtain the valuable big data sets for our further studies. The feature extraction and call predictability methods are presented to capture base stations’ behaviors and dissect their predictability. Third, based on our method, we perform the detailed activity pattern analysis, including call distributions, cross correlation features, call behavior patterns, and daily activities. The detailed analysis approaches are also proposed to dig out base stations’ activities. A series of findings are found and observed in the analysis process. Finally, a study case is proposed to validate the predictability of base stations’ behaviors and activities. Our studies demonstrates that big data technologies can indeed be utilized to effectively capture network behaviors and predict network activities so that they can help perform highly effective network managements.

Recently, many researches on positioning technology using LBS (Location-Based Services) have been conducted with the development of wearable devices. In addition, the data used in these devices is helping to perform LBS using Big data technology. And the existing method of finding a specific location is not suitable for collecting and processing all the data [1] [2] [3] [4]. Therefore, in order to process all streaming data in real time, it is necessary to use Big data processing technology. In this paper, we use NoSQL technology to solve this problem. We propose a framework for improving the performance of LBS using NoSQL.

This study deals with the protection of social rights in Europe and aims to outline the position currently held by these rights in the EU law. The first two chapters provide an overview of the regulatory framework in which the social rights lie, through the reorganisation of international sources. In particular the international instruments of protection of social rights are taken into account, both at the universal level, due to the activity of the United Nations Organisation and of its specialized agency, the International Labour Organization, and at a regional level, related to the activity of the Council of Europe. Finally an analysis of sources concludes with the reconstruction of the stages of the recognition of social rights in the EU. The second chapter describes the path followed by social rights in the EU: it examines the founding Treaties and subsequent amendments, the Charter of Fundamental Social Rights of Workers of 1989 and, in particularly, the Charter of Fundamental Rights of the European Union, the legal status of which was recently treated as the primary law by the Treaty of Lisbon signed in December 2007. The third chapter is, then, focused on the analysis of the substantive aspects of the recognition of the rights made by the EU: it provides a framework of the content and scope of the rights accepted in the Community law by the Charter of Fundamental Rights, which is an important contribution to the location of the social rights among the fundamental and indivisible rights of the person. In the last section of the work, attention is focused on the two profiles of effectiveness and justiciability of social rights, in order to understand the practical implications of the gradual creation of a system of protection of these rights at Community level. Under the first profile, the discussion is focused on the effectiveness in the general context of the mechanisms of implementation of the “second generation” rights, with particular attention to the new instruments and actors of social Europe and the effect of the procedures of soft law. Second part of chapter four, finally, deals with the judicial protection of rights in question. The limits of the jurisprudence of the European Union Court of Justice are more obvious exactly in the field of social rights, due to the gap between social rights and other fundamental rights. While, in fact, the Community Court ensures the maximum level of protection to human rights and fundamental freedoms, social rights are often degraded into mere aspirations of EU institutions and its Member States. That is, the sources in the social field (European Social Charter and Community Charter) represent only the base for interpretation and application of social provisions of secondary legislation, unlike the ECHR, which is considered by the Court part of Community law. Moreover, the Court of Justice is in the middle of the difficult comparison between social values and market rules, of which it considers the need to make a balance: despite hesitancy to recognise the juridical character of social rights, the need of protection of social interests has justified, indeed, certain restrictions to the free movement of goods, freedom to provide services or to Community competition law. The road towards the recognition and the full protection of social rights in the European Union law appears, however, still long and hard, as shown by the recent judgments Laval and Viking, in which the Community court, while enhancing the Nice Charter, has not given priority to fundamental social rights, giving them the role of limits (proportionate and justified) of economic freedoms.