proportionality in the calibration of monetary legal sanctions: toward a composite proportionality index for fine-setting in regulatory and administrative law

Abstract

This article addresses the absence of a unified methodological standard for calibrating monetary legal sanctions and proposes a seven-stage analytical model. The model integrates the economic theory of deterrence, the proportionality doctrine, and Ashworth's sentencing-consistency framework. Through comparative analysis, the article finds that existing approaches optimize for only one of three objectives: deterrence, ability-to-pay, or horizontal consistency. The article's principal contribution is a Composite Proportionality Index, a weighted, auditable formula that integrates harm-based, gain-based, deterrence-based, and capacity-based components into a single bounded coefficient.