Question juridique clé
Which authority is competent to order the provisional suspension of a popularly elected municipal official?
Solution extraite
The municipal council is competent to order the provisional suspension; the rule on initiating disciplinary proceedings also applies to provisional measures.
Motifs extraits
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.