Term and legal definition of Congress
The term ‘Congress’ (also ‘Kongress’ in German-speaking regions) generally refers to an assembly, meeting, or conference of several persons or delegates convened for consultation, decision-making, or legislation. In most legal systems and forms of political organization, the term Congress has significant legal and institutional importance, particularly in governmental and international law contexts.
Congress in the constitutional system
Congress as the legislative branch in presidential republics
One of the most prominent examples of the use of the term Congress is found in presidential systems of government, such as the United States of America. There, the Congress forms the federal legislature and, as the legislative branch, is a central organ within the separation of powers.
Structure and function
The US Congress consists of two chambers (bicameralism): the Senate and the House of Representatives. The institutional structure and the legal foundations are laid down in the US Constitution (Constitution of the United States), especially in Article I.
* Senate: Each federal state sends two senators, regardless of population size.
* House of Representatives: The number of representatives per state depends on the state’s population.
Both chambers are responsible for drafting, debating, and passing federal laws. Other powers include budget approval, initiating impeachment proceedings, and oversight of the executive branch.
Legislative procedures
- Bills: Bills can be introduced by either chamber, although revenue-raising bills must originate in the House of Representatives.
- Deliberation and resolution: Drafts go through committees and floor debates before a final vote takes place.
- Presidential participation: Passed laws are submitted to the President for signature or veto.
- Overriding a veto: A presidential veto can be overridden by a qualified majority.
Congress in other countries
Other countries, including several Latin American republics, also use the term ‘Congress’ (e.g., Congreso de la República). However, the composition, powers, and legal foundations are determined by their respective national constitutions.
Congress in international law
Diplomatic and international law congresses
In international law, the term Congress refers to the gathering of states to negotiate international treaties and create multilateral agreements. Historically significant congresses, such as the Congress of Vienna in 1814/1815, resulted in internationally binding treaties and reorganizations of international relations. The legal effects of such congresses may be binding treaties (e.g., international conventions) or multilateral declarations of intent (declarations, protocols).
Legal nature of resolutions of international congresses
* Binding by treaty: States are legally obliged under international law by ratified treaties.
* Soft law: Non-binding agreements may still have de facto legal effects.
* Arbitration and dispute resolution mechanisms: Provisions for dispute resolution are often part of congress resolutions.
Congress in tax, corporate, and labor law contexts
The term Congress is also used in the sense of meetings or assemblies that have legal relevance. Here, tax and labor law issues are particularly in focus.
Tax treatment of congresses
* Deduction as business expenses: Participation fees, travel expenses, and hospitality costs incurred in connection with a congress can, under certain conditions, be claimed as business expenses for tax purposes.
* Input tax deduction: Where there is a relevant business purpose, there is regularly a right to input tax deduction for services purchased in connection with attendance at congresses.
* Distinction from private travel: The business necessity of attending the congress must be demonstrated.
Corporate law meetings as congress
In legal entities, particularly corporations and associations, the term Congress can also refer to board meetings or general assemblies, especially in an international context (e.g., ‘General Congress’). The convocation, resolution-forming, and possibilities for contesting resolutions are determined by the relevant corporate law and the statutes.
Congress in public law
In public law, the term Congress can be used in relation to committee meetings with statutory or bylaw-assigned tasks (e.g., specialist committees, public conferences). Legal foundations derive from the respective organizational laws, rules of procedure, and process regulations.
Procedural matters
* Convocation and summons: Congresses are generally subject to statutory or bylaw-based notice periods and formal requirements for inviting members.
* Quorum and voting rights: Rules regarding attendance and exercise of voting rights are decisive for the legal validity of resolutions adopted.
Historical and terminological aspects of the term congress
Origin and development
The term Congress originates from Latin (‘congredi’ = to come together) and was originally used for religious, scientific, and diplomatic meetings. With the development of modern nation-states, Congress increasingly evolved into a synonym for parliamentary representative bodies. In Anglo-American law, Congress is a fixed term for the central legislative body.
Sources and further reading
For an in-depth legal understanding of the term Congress, the respective national constitutions, international treaties, tax laws, as well as corporate and public law statutes should be consulted.
This article provides a comprehensive presentation of the term Congress from various legal perspectives and is suitable for classification and analysis in the context of legislation, international law, tax law, and corporate assemblies.
Frequently Asked Questions
Who is civilly liable for damages occurring during a congress?
For damages occurring during a congress, liability may in principle attach to the organizer as well as individual participants or third parties under civil law. The organizer’s liability is governed by § 823 BGB (obligation to pay damages) and can in certain cases also arise from contractual obligations towards participants (§§ 280 ff. BGB). The organizer must in particular ensure the safety of guests and minimize potential sources of danger (traffic safety obligation). If this duty is neglected and damage results, the organizer is generally obliged to compensate the damage. In addition, a participant may be held liable if he or she intentionally or negligently damages another’s property. In some cases, there are also special insurance requirements or recommendations, for example, taking out event liability insurance which steps in if a loss occurs. The precise allocation of liability can also be modified by contractual agreements, such as in participation conditions or general terms and conditions. If personal injury is involved, tort law often applies additionally.
What data protection requirements must be observed when holding a congress?
The collection, processing, and storage of personal data in the context of a congress is subject to the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Even at registration, participants must be informed about the type, scope, and purpose of the data processing (e.g., storage of names, contact information) and their consent must be obtained. Disclosure of data to third parties (e.g., hotel partners, sponsors, service providers) is only permitted on a legal basis or with explicit consent. In addition, technical and organizational measures must be taken to protect the data from unauthorized access (e.g., encryption, access controls). In the case of photo or video recordings during the congress, special attention must be paid to image rights (§ 22 KUG), and appropriate consent from those depicted must be obtained. Finally, participants must be informed of their rights as data subjects, such as rights to information and erasure.
What permits and government notifications are required to hold a congress?
Holding a congress can entail numerous licensing requirements and/or notification obligations, depending on the specific venue, number of participants, and planned agenda items. In many cases, at least an event permit must be obtained from the competent authority (public order office), especially if public spaces are used or higher visitor numbers are expected. If food services are offered, a catering license may be required pursuant to § 2 GastG. For musical performances or artistic acts, GEMA fees may be due if copyrighted works are used. Safety concepts or fire protection requirements may impose additional obligations, particularly for large events. The municipality often also requires registration under assembly law (Art. 8 GG, Assembly Act) if the event has a political character.
What specific obligations does a congress organizer have under labor law?
Congress organizers are subject to numerous labor law requirements if employing their own staff or external service providers. This includes, in particular, compliance with the Working Hours Act (ArbZG), which prescribes maximum working hours, break times, and periods of rest. Observance of the Minimum Wage Act (MiLoG) is also mandatory, which is especially relevant for temporary help or event staff. If temporary workers are engaged, the requirements of the Employee Leasing Act (AÜG) must be observed. Even during workforce planning, attention must be paid to any social security notification obligations and the distinction between freelance and dependent employment to avoid sham self-employment.
To what extent is there liability for content and presentations delivered at a congress?
The congress organizer shares responsibility for all program items and content presented at the congress. In particular, it must be ensured that the necessary rights of use are obtained for copyrighted works, such as presentations, videos, or speech manuscripts. If third-party content is used without consent in a presentation, this may give rise to injunctive relief and claims for damages under the Copyright Act (UrhG). In addition, there is an obligation to respect personality rights and, in particular, to prevent discriminatory, insulting, or defamatory content. If such content is nevertheless disseminated, the organizer may be liable as a ‘disturber’ under § 1004 BGB. Press law requirements, such as the right of reply or retraction, must also be observed where applicable.
What tax obligations must be observed in organizing and holding a congress?
Organizing a congress entails various tax obligations. Revenue from participation fees is regularly subject to VAT, unless an exempted corporation is acting or specific exceptions apply (e.g., under § 4 No. 22 UStG for educational purposes). The organizer is obliged to properly document and retain all income and expenses (§§ 238, 257 HGB, § 147 AO). It must also be determined whether income from the congress is to be classified as business income or self-employment income, which affects the tax treatment. If fees are paid to speakers, payroll tax withholding obligations may arise. Depending on the size of the event, there may also be a local amusement tax liability.
What legal considerations apply to sponsorship agreements or partnerships in the context of a congress?
Sponsorship agreements and partnerships relating to congresses are subject to contract law under the German Civil Code (BGB). A clear contractual agreement regarding the services and consideration to be provided is essential, particularly regarding the scope of promotional presence, placement of logos, or presentation rights during the congress. The contract should particularly address liability issues, rights to use brands and promotional materials, and the rights to any photos or video recordings. Prohibited forms of advertising, such as hidden or misleading advertising (§ 5 UWG), must also be excluded. Finally, care must be taken to ensure that sponsorship income is properly accounted for for tax purposes and any VAT obligations are met. In partnerships with foreign companies, issues of international contract law and the possible tax deduction under § 50a EStG may also become relevant.
