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Is Parliament's suspension illegal? UK's top court to decide

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Is Parliament's suspension illegal? UK's top court to decide
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Is Parliament's suspension illegal? UK's top court to decide

2019-09-17 15:05 Last Updated At:15:10

Britain's Brexit battle is heading to the country's top court.

The Supreme Court is set to decide whether Prime Minister Boris Johnson broke the law when he suspended Parliament on Sept. 9, sending lawmakers home until Oct. 14 — just over two weeks before the U.K. is due to leave the European Union.

WHY WAS PARLIAMENT SUSPENDED?

An exterior view shows a sign by the main entrance of the Supreme Court in London, Monday, Sept. 16, 2019. Britain's Supreme Court this week will rule on whether Britain's Prime Minister Boris Johnson overstepped the law when he shut the legislature for a crucial five-week period. Johnson portrays himself as more convinced than ever that Britain will break with the EU at the end of October. (AP PhotoMatt Dunham)

An exterior view shows a sign by the main entrance of the Supreme Court in London, Monday, Sept. 16, 2019. Britain's Supreme Court this week will rule on whether Britain's Prime Minister Boris Johnson overstepped the law when he shut the legislature for a crucial five-week period. Johnson portrays himself as more convinced than ever that Britain will break with the EU at the end of October. (AP PhotoMatt Dunham)

Johnson says his decision to prorogue — suspend — Parliament was both legitimate and routine.

Parliament is prorogued about once a year so that the government can launch a new program of legislation with a formal State Opening of Parliament and a policy speech read by Queen Elizabeth II. Johnson, who took office in July, says he is simply doing the same thing — but routine prorogations commonly last several days, not five weeks.

Opponents say the government is not being honest about the reasons for the suspension.

An exterior view shows the main entrance of the Supreme Court in London, Monday, Sept. 16, 2019. Britain's Supreme Court this week will rule on whether Britain's Prime Minister Boris Johnson overstepped the law when he shut the legislature for a crucial five-week period. Johnson portrays himself as more convinced than ever that Britain will break with the EU at the end of October. (AP PhotoMatt Dunham)

An exterior view shows the main entrance of the Supreme Court in London, Monday, Sept. 16, 2019. Britain's Supreme Court this week will rule on whether Britain's Prime Minister Boris Johnson overstepped the law when he shut the legislature for a crucial five-week period. Johnson portrays himself as more convinced than ever that Britain will break with the EU at the end of October. (AP PhotoMatt Dunham)

They say Johnson wanted to sideline lawmakers who are fighting his vow to leave the EU at Halloween, with or without a divorce deal. A majority of legislators want to avoid a disruptive no-deal Brexit, and have put obstacles in Johnson's way. They passed a law compelling the government to seek a delay to the Brexit deadline if no deal is agreed with the bloc, and refused his request for an October election.

Suspending Parliament prevents further challenges while Johnson pursues his "do or die" Brexit strategy.

HOW DID IT END UP IN COURT?

The government faced two separate legal challenges to the suspension. One, at the High Court in London, was led by transparency campaigner Gina Miller, who argues the suspension is an unlawful abuse of power. On Tuesday Miller called it "a classic power grab" that puts "our parliamentary sovereignty and democracy in grave danger."

A group of more than 70 opposition lawmakers filed a similar challenge in Scotland's Court of Session.

The Supreme Court got involved after the two courts produced conflicting rulings.

The London court rejected Miller's claim, saying the decision to suspend, whatever the government's motive, was inherently political and "not a matter for the courts."

The Scottish judges, however, said the prorogation was unlawful because "it was motivated by the improper purpose of stymieing Parliament."

WHAT HAPPENS NOW?

The Supreme Court must decide two questions: Is this a matter for the courts; and, if so, did the government break the law?

The case will be considered by 11 of the 12 Supreme Court judges in a hearing that begins Tuesday and is scheduled for three days. On the first day they will hear from lawyers for Miller and for the British government. Later there will be submissions from the governments of Scotland and Wales and former Prime Minister John Major — all supporting the challenges to the government — and from a Northern Ireland campaigner who argues a no-deal Brexit would endanger the peace process there.

Unlike most British court proceedings, Supreme Court sessions can be broadcast, and this one will be streamed live online .

WHAT HAPPENS NEXT?

The court not is expected to rule immediately, but a judgment could come at the end of this week or early next week.

If the government wins, lawmakers will remain away from Parliament until Oct. 14. If the government loses, the judges could order the legislature to be re-opened.

Johnson has not said what he will do if the judges rule the suspension illegal. He told the BBC he would "wait and see what they say."

Follow AP's full coverage of Brexit and British politics at: https://www.apnews.com/Brexit

PARIS (AP) — French President Emmanuel Macron warned Thursday that Europe could “die” if it fails to build its own robust defense as Russia’s war in Ukraine rages on, or if it fails to undertake major trade and economic reforms to compete with China and the U.S.

Macron urged Europeans to become more ambitious in a fast-changing world to face the challenges of war, fierce trade competition, energy scarcity, climate change and increasing authoritarianism.

In a nearly two-hour speech at Sorbonne University in Paris, Macron said that the continent is divided and “too slow and lacks ambition” at a time when the 27-member European Union needs to become a superpower, defend its own borders and speak with one voice if it wants to survive and thrive.

“Our Europe today is mortal,” Macron said. “It can die and that depends solely on our choices,” he added. He called on people to make those choices now because, “it’s today that Europe is between war and peace.”

Russia's full-scale invasion of Ukraine, now in its third year, is an existential threat and Europe isn't armed enough to defend itself when “confronted by a power like Russia that has no inhibitions, no limits,” Macron said.

‘Our ability to ensure our security is at stake," Macron said. “Russia mustn’t be allowed to win.”

Europe now has the “good fortune” of having the Biden administration’s commitment to supporting Ukraine, Macron said. But, in a year of key elections around Europe, in the U.S. and elsewhere, support may fragment or disappear entirely, he added.

“Europe must become capable of defending its interests, with its allies by our side whenever they are willing, and alone if necessary,” Macron said.

Strong armies, a European rapid intervention program and force, tanks, a missile shield and other weapons, produced in Europe, will need the support of “a joint diplomatic force that will speak with one voice and build bridges with Africa and Latin America,” the French leader said.

“Only then will Europe show that it's not a United States’ lap dog, and that it also knows how to talk to other regions of the world,” he said.

France has been a firm supporter of Ukraine in its fight against Russian aggression, and Macron has often clashed with other Western leaders as he has insisted that Europe must stand by the country at any cost. The French president alarmed European leaders by saying recently that sending Western troops into Ukraine to shore up its defenses shouldn’t be ruled out.

Referring to trade practices of China and the U.S., Macron said “the two world powers have decided not to respect the rules of global trade” by shoring up protections and subsides while Europe’s industry remains open and is stuck in overregulation.

“Let’s do the same, we are in competition,” Macron said.

“We must buy faster, we must produce more and we must buy more that is made in Europe. That is key,” Macron said.

Thursday's speech came less than two months before a pivotal European Parliament election.

Macron, an avid advocate of a united and assertive Europe, also rallied support for his centrist Renaissance party before the June 6-9 vote as far-right parties lead the moderate coalitions in the polls. He called for safeguarding democratic values as the “authoritarian model” was becoming “more popular” across the continent.

The war in Ukraine and immigration are top priorities for European Union voters, according to polls. Far-right parties have gained support by criticizing Macron’s government policies on both issues. Macron acknowledged divisions on immigration policies, including on asylum and deportation rules for those who have arrived to Europe illegally.

He emphasized the need for an effective response and Europe-wide coordination for curbing illegal immigration, closer cooperation with immigrants' countries of origin and a unified, relentless fight against human traffickers.

Macron criticized the idea of striking an agreement, as Britain as done, with countries in Africa and elsewhere to transfer immigrants there.

“This is a betrayal of our values that ultimately leads us to dependency on other counties,” Macron said.

The British government earlier this week approved a law allowing the deportation of some migrants who enter the country illegally to Rwanda.

Macron lost his majority in France’s most influential house of parliament, the National Assembly, after the 2022 election to the far-left coalition and the far-right National Rally party.

The social situation in France remains tense as Paris prepares to host the Olympic Games this summer, amid protests from teachers and police officers, and farmer demonstrations in recent weeks. The protests follow huge rallies last year against Macron’s ultimately successful proposal to increase the retirement age from 62 to 64.

Barbara Surk reported from Nice, France. Lorne Cook contributed to this report from Brussels.

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron arrives to deliver a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron arrives to deliver a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron speaks during a media conference at an EU summit in Brussels, Thursday, April 18, 2024. European Union leaders on Wednesday debated a new "European Competitiveness Deal" aimed at helping the 27-nation bloc close the gap with Chinese and American rivals amid fears the region's industries will otherwise be left behind for good. (AP Photo/Omar Havana)

French President Emmanuel Macron speaks during a media conference at an EU summit in Brussels, Thursday, April 18, 2024. European Union leaders on Wednesday debated a new "European Competitiveness Deal" aimed at helping the 27-nation bloc close the gap with Chinese and American rivals amid fears the region's industries will otherwise be left behind for good. (AP Photo/Omar Havana)

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