Brexit: what options do MEPs have for canceling Parliament's suspension?

On Friday, August 30, pro-European British MPs suffered their first defeat, when Scotland's highest civil court rejected a request to urgently cancel the suspension of the Chambers.

Justice was seized by 75 pro-European parliamentarians after Prime Minister Boris Johnson's decision to suspend Parliament from 9 September to 14 October, two weeks before the date of Brexit on 31 October.

Raymond Doherty, at the origin of this judgment, considered that a ban was "not necessary at this stage". However, the judge will have to confirm his rejection during a hearing, scheduled for September 3, on the arguments of Boris Johnson to activate this royal prerogative.

This decision of the Prime Minister, although constitutional and therefore approved by Queen Elizabeth II, is strongly criticized, given the deadline of an upcoming exit from the European Union.

Dozens of demonstrations are planned Saturday in the United Kingdom: from London to Aberdeen (Scotland), while passing by Belfast (Northern Ireland) and Swansea (Wales), about thirty gatherings are programmed under the slogan " Stop the coup "and" Defend democracy ", at the call of the organization opposed to Brexit" Another Europe is Possible ".

The biggest rally is scheduled for mid-day in the British capital, in front of the Prime Minister's residence at 10 Downing Street.

Other judicial remedies

On Twitter, Scottish Independence Party SNP MEP Joanna Cherry, however, was optimistic about this first legal action. "To be perfectly clear, no decision was made (Friday) on the arguments," she tweeted before adding that everything was still playing.

To be able to make a decision on the arguments in #Cherrycase. Emergency orders just refused pending FULL hearing of the merits of our case against #Prorogation on Tuesday 3 Sep. We have all to play for #Brexit #StopTheCoup https://t.co/RFuuxqaeBK

If Boris Johnson won this first round, parliamentarians still have other remedies. "There are still referrals from an English judge and a judge in Northern Ireland," says Emmanuelle Saulnier-Cassia, professor of public law at the University of Versailles Saint-Quentin-en-Yvelines and Brexit specialist, contacted by France 24.

The second legal action is led by anti-Brexit activist Gina Miller, joined since Friday by former Conservative Prime Minister John Major. An English judge will consider the request to cancel the suspension and will hold a hearing on 5 September in London.

Court hearing re @BorisJohnson proroguing Parliament will be heard next Thursday 5th September. I will be adjoined by Sir John Major.

On 3 September, the High Court of Northern Ireland will also be considering an appeal on behalf of Northern Irish human rights activist Raymond McCord. The three hearings, which will be held urgently next week, will therefore be decisive.

A coalition government

British MPs have already managed to postpone the exit date from the EU twice under Theresa May's government. For the Brexit specialist Emmanuelle Saulnier-Cassia, MEPs can also vote a law before the start of the suspension to organize a new referendum on the possibility of a no-deal, which would require the Prime Minister to ask Brussels for an extension. Brexit. "You can imagine an amendment to a piece of legislation, like the Cooper amendment," says the law professor. Adopted early April, this amendment prevented the government of Theresa May to organize a Brexit without agreement.

>> To read: Brexit: prorogation, Boris Johnson's fatal weapon against Parliament?

The motion of censure, which would trigger the fall of the government, is another option in the range available to members to cancel the suspension. This vote, however, remains difficult as the Conservatives should vote against their party before forming a coalition government.

"They will not need to hold new elections immediately if a coalition government is formed within 15 days of the no-confidence motion," says Emmanuelle Saulnier-Cassia.

"If we can not succeed this negotiation (with the EU), we must go out in any case," said Boris Johnson. The day before, he had announced an acceleration of meetings between British and European negotiators who will meet twice a week in Brussels in September.