The highest Scottish court ruled on Wednesday that the week-long suspension of the British House of Commons is in violation of the law. The British government is appealing the judgment of the Scottish judges, forcing the British Supreme Court to make a final judgment on the case.

On September 17, the case will be submitted to the British Supreme Court. Joanna Cherry, a Scottish politician who started the case, wants the British parliament to be reopened until then.

The three Scottish judges thereby reject an earlier ruling stating that courts do not have the authority to interfere with the suspension of the British parliament.

“Nevertheless, it is unlawful if the goal is to thwart parliamentary control over the executive,” the judge said.

Since Tuesday, the British House of Commons has been suspended for five weeks, until October 14. According to the government, this is necessary to be able to make “good plans for internal politics”. Critics see it as an attempt by Prime Minister Boris Johnson to deprive the lower house of the chance to prevent a hard Brexit.

The Brexit deadline is 31 October, two weeks after the House of Commons is opened again.