Abstract. The aim of this paper is to lay the groundwork for the creation of a composite indicator of the validity of regulatory systems. The composite nature of the indicator implies a) that its construction is embedded in the long-standing theoretical debate and framework of legal validity; b) that it formally contains other sub-indicators whose occurrence is essential to the determination of validity. The paper suggests, in other words, that validity is a second-degree property, i.e., one that occurs only once the justice, efficiency, effectiveness, and enforceability of the system have been checked.
Keywords. Validity · indicators · regulatory models · regulatory systems · Privacy Impact Assessment
IntroductionThe aim of this preliminary and exploratory study is to lay the groundwork for the creation of a composite indicator of the legal validity of norms. The composite nature of the indicator implies a) that its construction is embedded in the long-standing theoretical debate and framework of legal validity; b) that it formally contains other sub-indicators whose occurrence is essential to the determination of validity. The study suggests, in other words, that validity is a secondary property of a legal norm, i.e., one that occurs only once the norm's justice (J), efficiency (E y ), effectiveness (E s ), and enforceability (E c ) have been proved. This basic hypothesis can be rewritten in a plainer fashion as:where the norm's legal validity V n is less than or equal to the sum of the four subindicators. This also suggests that the norm's compliance with all four sub-indicators is a necessary and sufficient condition for its legal validity, i.e., that the occurrence of all four sub-indicators implies the norm's validity in a regulatory system previously defined:These are not to be understood as formulae, but as simple way to convey a first intuition about validity. There are two tasks to comply with. The first one is theoretical: