Die vorzeitige Beendigung des aktiven Beamtenstatus bei politischen Beamten und kommunalen Wahlbeamt

The book comprehensively presents the possibility of prematurely placing political officials and municipal elected officials into temporary retirement in cases of lacking political trust. In addition to an exhaustive depiction of the legal situation, the author places particular emphasis on the constitutional assessment.

While the federal government and states have dedicated only a few regulations to the premature retirement of political officials, the corresponding provisions regarding the dismissal or removal of municipal elected officials are characterized by extraordinary scarcity in substantive terms, but by an extraordinary diversity in procedural terms. Therefore, the existing regulations require particularly careful and balanced interpretation. The book serves as a valuable source of information on the associated questions, including the legal protection options for those affected. Jurisprudence and literature have been thoroughly incorporated. It also includes the newly created possibility of removing directly elected chief administrative officials through a popular referendum. Numerous case studies from practice illustrate the legal and political issues surrounding premature retirement.

Particular attention has been given to the representation of the pension law situation in temporary retirement. It is noteworthy that the application of existing credit regulations in individual cases may violate the obligation to provide for maintenance as mandated by Article 33, Paragraph 5 of the Basic Law.