Questão jurídica principal
Whether the cantonal court could order an indefinite suspension of an elected communal councillor under cantonal law.
Decisão extraída
The suspension lacked a sufficient legal basis and was not justified by a grave reason under cantonal law; the cantonal court substituted its own view for that of the government.
Fundamentação extraída
Article 152 LC frib. allows revocation for grave reasons, but no provision clearly authorizes an indefinite suspension. In any event, the pending criminal proceedings were unrelated to the councillor's municipal duties and did not clearly amount to a grave reason. The cantonal court had no special supervisory power and could not review expediency under Article 78(2) CPJA.