8.4.1 Recommendations to the legislator

Do not undertake clustering until after identifying and convincingly motivating one or more relevant consistency criteria. If these criteria are not clear, there is a risk that rules are included in a law system that do not belong there, or that law system deficiencies are created or continue to exist because rules that do belong in the law system are not included.

For reasons of the knowability and problem-orientedness of a law system, opt for reality-based, practical consistency criteria wherever possible.

Only use typically legal restructuring criteria if the law system deficien-cies created as a result can be justified.

Do not undertake rearrangement or integration unless the law system deficiencies identified on the basis of the chosen consistency criteria will be remedied or reduced as a result.

Make sure that clustering will not lead to law system deficiencies in other law systems, unless they can be defended.

For the benefit of the future-proofness of a law system created through clustering, make sure that new environmental law consistently meets the law system restructuring criteria.

Prevent the inclusion of cuckoo-in-the-nest provisions in a law system.

Present a convincing sample of a proposed law system to be realised by means of clustering.

In principle, opt for codifying clustering, but also use the opportunity to make shrewd modifications. Be aware that modifications may affect the social acceptance of clustering.

Explore the possibilities of iLawsystems, but make sure that a law system remains independently knowable and does not become depen-dent on ICT applications.

Include instructions for clustering environmental and other law in the Legislative Drafting Instructions (Aanwijzingen voor de regelgeving).

Take action to periodically tidy up and redefine applicable law systems.

When the Council of State (Raad van State) gives advice on a Bill, it should also advise on the way in which that Bill fits into the relevant law systems.