Justice Secretary Michael Gove has
challenged David Cameron's assertion that his renegotiation deal with EU
leaders over UK membership is legally binding - a claim Number 10
denies.
Mr Gove - one of five cabinet ministers campaigning for
the UK to quit the EU - told the BBC that the European Court of Justice
could overturn the changes.
But Number 10 said the settlement had "legal force".
It described it as an "irreversible International Law Decision".
It cited a former director of legal services at the EU, Alan Dashwood, who said the "Decision" was a binding legal agreement reached by consensus and could only be amended or rescinded by consensus - or, "in other words, with the agreement of the UK".
"So, in that sense, it is irreversible," he said.
The PM has previously said the package is "already legally binding and irreversible", and could only be overturned by all EU states including the UK.
A UK referendum on whether to remain a member of the EU will take place on 23 June. The reform deal paving the way for the referendum promises changes to the EU's binding treaties in two areas - exemption for the UK from an "ever-closer union" and protection for countries not using the euro. Mr Gove, a close friend of the PM, told BBC political editor Laura Kuenssberg "the facts are that the European Court of Justice is not bound by this agreement until treaties are changed and we don't know when that will be". He said Mr Cameron was "absolutely right that this is a deal between 28 nations all of whom believe it", adding: "But the whole point about the European Court of Justice is that it stands above the nation states." Mr Cameron has "not been misleading anyone", Mr Gove went on, but he added: "I do think it's important that people also realise that the European Court of Justice stands above every nation state, and ultimately it will decide on the basis of the treaties and this deal is not yet in the treaties."
But Number 10 said the settlement had "legal force".
It described it as an "irreversible International Law Decision".
It cited a former director of legal services at the EU, Alan Dashwood, who said the "Decision" was a binding legal agreement reached by consensus and could only be amended or rescinded by consensus - or, "in other words, with the agreement of the UK".
"So, in that sense, it is irreversible," he said.
The PM has previously said the package is "already legally binding and irreversible", and could only be overturned by all EU states including the UK.
A UK referendum on whether to remain a member of the EU will take place on 23 June. The reform deal paving the way for the referendum promises changes to the EU's binding treaties in two areas - exemption for the UK from an "ever-closer union" and protection for countries not using the euro. Mr Gove, a close friend of the PM, told BBC political editor Laura Kuenssberg "the facts are that the European Court of Justice is not bound by this agreement until treaties are changed and we don't know when that will be". He said Mr Cameron was "absolutely right that this is a deal between 28 nations all of whom believe it", adding: "But the whole point about the European Court of Justice is that it stands above the nation states." Mr Cameron has "not been misleading anyone", Mr Gove went on, but he added: "I do think it's important that people also realise that the European Court of Justice stands above every nation state, and ultimately it will decide on the basis of the treaties and this deal is not yet in the treaties."
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