But his hardline strategy for Britain to quit the bloc "do or die" on October 31 has hit the buffers.
The UK government has said the prorogation was normal procedure ahead of a Queen's Speech - when ministers spell out their legislative plans - and a recess was likely to take place in any case.
The controversial prorogation until October 14 took effect in the early hours of Tuesday following criticism by House of Commons speaker John Bercow, among others.
In a ruling released Wednesday a panel of three judges found that "the Prime Minister's advice to HM the Queen that the United Kingdom parliament should be prorogued from a day between 9 and 12 September until 14 October was unlawful because it had the goal of stymying parliament".
Speaking to Euronews, prominent Remainer and Labour peer Lord Adonis said: "Boris has time to waffle away on the internet but he refuses to speak to Parliament".
Mr Johnson has previously insisted that it was normal practice for a new government to prorogue Parliament, and that it was "nonsense" to suggest he was attempting to undermine democracy.
A case lawyer said an appeal at the Supreme Court - the U.K.'s highest judicial body - will start next Tuesday.
"Mr Johnson doesn't have a majority, the Speaker is very concerned about the circumstances of the prorogation, his concerns have been vindicated by this ruling and therefore Parliament should return and we should be able to get on with our jobs representing our constituents".
In England, a powerful Divisional Court, including the Lord Chief Justice and Master of the Rolls, has found that the Prime Minister acted lawfully in advising the Sovereign to prorogue.
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It is now unclear what impact the judgement will have on the current five week suspension of Parliament, a process known as proroguing, which started in the early hours of Tuesday.
Last week, a court in Edinburgh rejected the lawmakers' challenge, saying it was a matter for politicians, not the courts, to decide.
One of the judges, Lord Brodie, said in the ruling that the prorogation "was an egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities". "Though of course will add to pressure".
Simon Pia, a former Scottish Labour Party press adviser, told Al Jazeera this was "a crushing blow for the [British] government".
Scotland has a largely pro-EU electorate, voting by 62-38 percent to remain in the European bloc in the 2016 Brexit referendum.
Nigel Farage, leader of the Brexit Party which could take votes away from both main parties, offered Johnson an election pact on Wednesday but said that unless there was a clean break with the European Union, the Conservatives would take a "real kicking" in any election and could not win a majority. But EU officials say the United Kingdom has made no concrete proposals.
Johnson ruled out a pact with Farage.
German Chancellor Angela Merkel said Wednesday that "it's my firm conviction that we still have a chance to achieve this in an orderly way".