Brexit Q&A: UK proposals based around a series of changes

British prime minister David Cameron's renegotiation deal on the UK's European Union membership is based around a series of changes to EU rules.

It is being discussed by European leaders but no deal has yet been reached. There are questions around the extent of the changes and also whether they will be legally binding.

Below are questions to some of the outstanding questions.

Is it UK’s deal with the EU legally binding?

The proposed EU deal has lots of different parts. Assuming politicians agree on it, it will all be legally binding in one way or another. There could still be challenges to some parts, such as the proposed laws aimed at cutting immigration, in the EU court.

What is the ‘emergency brake’?

The emergency brake mechanism in the proposed EU deal would allow any member country to limit access to in-work benefits for new EU immigrants. The law to set up the emergency brake will need the agreement of the European Parliament. The UK will then require the agreement of other governments to activate the brake.

Explain the ‘red card’ idea

The “red card” system in David Cameron’s EU would not quite allow national parliaments to veto European laws. EU lawmakers could still go ahead with legislation if they made changes to address the concerns raised by the red card. But the deal stresses that EU laws should be used to tackle issues that cross borders, which isn’t currently stated anywhere.

Deporting EU immigrants

The EU deal would subtly change free movement rules to make it easier for countries to deport EU immigrants. It does this by beefing up the exceptions to the general rule that EU citizens can work in any EU country they choose.

What does it mean for child benefit

The draft EU deal would allow cross-border child benefit claims to continue. Allowing countries to stop paying child benefit to parents whose children live in another EU country would conflict with the law on free movement of workers. The deal does allow for payments to be linked to the cost of living in the country the money goes to. This poses some subtler legal problems.

What does this mean for ‘ever closer union’

The proposed EU deal would exempt the UK from aspiring to “an ever closer union among the peoples of Europe”. This phrase has a symbolic political impact, but has little or no legal effect. Saying that it no longer applies to the UK doesn’t change anything about how the EU works, or the powers it has.

The UK and the euro zone

The EU deal tries to reassure non-euro countries like Britain that they won’t be ganged up on by euro zone countries, who are now the majority. But EU law already bans discrimination, so it doesn’t change much. There is a proposal to set up a system for non-euro countries to object to laws being passed that might harm them, but it wouldn’t actually give them a legal opt-out.

Limiting residence rights for family members

The EU deal would make it harder for non-EU family members of EU citizens to stay in the UK. EU law would have to change to make this happen, and the changes could still be challenged as a breach of EU human rights law.