Questione giuridica chiave
Which authority is competent to order the provisional suspension of a popularly elected municipal official?
Decisione estratta
The municipal council is competent to order the provisional suspension; the rule on initiating disciplinary proceedings also applies to provisional measures.
Motivazione estratta
Although the municipal assembly is the proper disciplinary authority for popularly elected municipal officials under § 149 lit. a Municipal Act, § 26(2) second sentence of the Liability Act assigns the initiation of disciplinary proceedings to the municipal council. The court considered it appropriate to apply the same allocation of competence to provisional measures under § 25(5) Liability Act.