Term and Legal Definition of the Kirchentag
The term ‘Kirchentag’ refers in Germany and other countries to a regular large-scale event organized primarily by Protestant churches and, in some cases, by Catholic church communities. These events are characterized by religious, social, cultural, and political programs. From a legal perspective, a Kirchentag is a temporally and locally defined major event conducted by a legally autonomous organizational entity and subject to a variety of laws and regulations.
Legal Status and Organizer
Kirchentag as a Legal Entity
A Kirchentag is typically organized by a legally independent sponsoring entity, usually in the form of a registered association (e.V.) under German association law (§§ 21 ff. BGB). An example is the ‘Deutscher Evangelischer Kirchentag e. V.’, which is registered as the legal entity of the German Protestant Kirchentag in the association register.
Legal Capacity and Charitable Status
The sponsoring associations of Kirchentage are generally legally capable and pursue non-commercial objectives, enabling their recognition as charitable corporations under § 52 of the German Fiscal Code (AO). This has far-reaching tax implications, particularly regarding exemptions from corporation tax, trade tax, and value-added tax, as well as the ability to issue donation receipts.
Ecclesiastical Self-Determination and State Cooperation
As the sponsoring associations are usually affiliated with central church institutions, they fall under the constitutionally protected ecclesiastical right of self-determination pursuant to Art. 140 of the Basic Law in conjunction with Art. 137 of the Weimar Constitution (WRV). Nevertheless, the organization of a Kirchentag requires cooperation with state authorities, particularly due to public use of urban spaces and security concerns.
Event Law Aspects
Law on Assemblies and Events
The organization of a Kirchentag requires permits under the respective state law of the event location, especially under the regulations of assembly law (depending on the specifics, § 14 of the Assembly Act) and regulatory law (e.g., state event laws). Authorities review security, traffic, and noise protection concepts.
Rights to Use Public Spaces
For the use of public spaces (e.g., squares, streets, event halls), special use permits under road laws (in Germany, state LStrG) are required. In some cases, easements or contractual agreements with municipalities govern the details of use, liability, and cost allocation.
Building and Fire Safety Requirements
Temporary event structures (e.g., stages, tents) are subject to the regulations of the respective state building codes (LBO) and must comply with building and fire safety standards (e.g., escape route planning, fire protection requirements).
Liability Issues
Liability of the Organizer
The Kirchentag sponsoring association is generally liable for damages arising from the event under § 823 BGB, particularly in the event of breaches of traffic safety obligations. Liability insurance is therefore mandatory.
Liability for Third Parties
For agents performing delegated tasks (e.g., employees, volunteers), the association is liable under § 831 BGB. Liability for external events within the supporting program must be contractually regulated individually.
Data Protection and Personality Rights
Due to the high numbers of guests and participants, the requirements of the General Data Protection Regulation (GDPR) must be strictly observed. The collection and processing of personal data (e.g., event registration, photo and audio recordings) require legal grounds, particularly the provision of information according to Art. 13 GDPR and, where relevant, consent.
Employment and Social Law
Employment of Full-Time and Volunteer Staff
Employment contracts for full-time staff are concluded in accordance with general employment law; special employment law provisions apply to volunteers. There are social security reporting obligations if the activities are remunerated.
Tax Law Implications
Corporation Tax and Value-Added Tax
As a charitable entity, the organizer is exempt from corporate tax as long as no business operations are undertaken within the taxable scope (§§ 64, 65 AO). Revenue from ticket sales, merchandising, or catering services is subject to value-added tax, unless charitable relief provisions apply.
Donations and Sponsorship Law
Donations to Kirchentage are tax-deductible (§ 10b EStG); sponsorship income is considered income from commercial operations and is subject to corporation and trade tax, provided the thresholds for charitable status are exceeded.
Copyright Aspects
When using music, texts, or other protected works at events, the requirements of the German Copyright Act (UrhG) must be observed, especially regarding public performance (§ 15 UrhG). Contracts with collecting societies (e.g., GEMA) are regularly required.
Criminal Provisions
Measures must be taken to prevent criminal offenses (e.g., violations of assembly law, trespass, bodily injury) at the organizational level. The organizer can also be held criminally liable in the event of breaches of obligation.
Summary
The Kirchentag is a complex major event subject to numerous legal regulations. The organization and execution of a Kirchentag involves areas of association and tax law, event and security law, data protection, liability, employment, social, and also copyright law. Organizers are required to meticulously comply with all applicable regulations to ensure legal security and minimize potential liability risks. Sustainable cooperation with authorities, documented compliance with safety and data protection requirements, and comprehensive risk management are essential to the proper legal conduct of Kirchentage.
Frequently Asked Questions
Who carries the legal responsibility for organizing a Kirchentag?
The legal responsibility for organizing a Kirchentag generally lies with the organizing entity, such as the Kirchentag association or the foundation acting as a legal entity. This entity concludes contracts, assumes liability, ensures compliance with statutory requirements (e.g., assembly law, event law, safety regulations, data protection), and is the central point of contact for authorities and third parties. The organizers are particularly responsible for ensuring public safety and order, obtaining the necessary permits (e.g., for public events), adhering to labor law for staff, and complying with youth protection regulations. Depending on the organizational structure, responsibilities may also be distributed within the planning team by internal agreement or delegation, but ultimate responsibility rests with the organizer.
Which assembly law permits must be obtained for a Kirchentag?
A Kirchentag as a public major event, particularly when held outdoors, generally requires a permit pursuant to the respective state laws, such as the Assembly Act or equivalent state regulations. Organizers must submit a timely application to the responsible regulatory authority (usually the public order office or police), providing detailed information on the event schedule, number of participants, venue, time frame, and any special uses. Coordination with traffic authorities is also necessary if road closures, detours, or special access arrangements are planned. Depending on the supporting program (concerts, parades, demonstrations), additional special permits may be required for noise emissions, pyrotechnic effects, or temporary structures. Close coordination with police, fire services, and emergency services is mandatory for safety reasons.
To what extent is the Kirchentag subject to data protection law?
At the Kirchentag, large-scale collection and processing of personal data takes place, particularly during the registration of participants, speakers, staff, and helpers. The requirements of the General Data Protection Regulation (GDPR) as well as supplementary church data protection laws (e.g., KDG or DSG-EKD) apply where the organizer is a church entity. The Kirchentag must implement a data protection concept to ensure the protection, secure processing, and deletion of personal data. This particularly concerns the collection of contact data, payment information, health data if provided voluntarily, and where applicable, photos and video recordings. Before any data processing, a legal basis—such as the consent of the data subject or a legitimate interest—must be established. Transparency in information obligations as well as options for access, correction, and deletion of data must be ensured.
What liability risks exist when conducting a Kirchentag?
Organizing a Kirchentag involves numerous liability risks. These include personal injury or property damage occurring during the event, for example due to structural defects, inadequate safety measures, weather-related effects, or traffic accidents on the event site. The organizer is liable under civil law for damages resulting from breaches of traffic safety obligations. There may also be liability for vicarious agents (employees, service providers, volunteers). It is strongly recommended from a legal perspective to take out liability insurance (event liability, possibly additional accident insurance for helpers). In addition, contractual liability claims for non-performance or delays may arise. In cases of serious breaches of statutory duties, criminal liability (e.g., for negligent bodily injury) is also possible.
What legal requirements apply to youth protection at a Kirchentag?
At Kirchentage, the provisions of the Youth Protection Act (JuSchG) apply if minors participate. These include regulations on the sale and consumption of alcohol and tobacco, restrictions on presence in event venues (e.g., for evening events), as well as protection from harmful content or excessive media use. The organizer is required to verify the age of participants upon registration and, if necessary, at entry controls, to deploy sufficient responsible supervisors for minors, and to implement suitable protection policies. For overnight stays or special youth events, special rules (e.g., written consent of legal guardians) and regular communication with the local youth welfare office are also required.
What obligations with regard to accessibility and equal treatment must be observed?
The statutory requirements for accessibility and equal treatment must be implemented within the framework of a Kirchentag. According to the Act on Equal Opportunities for Disabled Persons (BGG) and respective state laws, event venues, routes, and services must be designed to be accessible to people with disabilities. This includes barrier-free entrances, sanitary facilities, adequate signage in plain language, services such as sign language interpretation, and support for persons with reduced mobility. Planning and implementation should be coordinated with disability officers or organizations. Anti-discrimination provisions under the General Equal Treatment Act (AGG) must also be implemented, both regarding access to the event and in the treatment of staff and participants.
What employment law requirements must be observed for employees and volunteers?
When involving employees and volunteers, the relevant employment law framework must be observed. Employees are subject to employment law, particularly the provisions of the Working Hours Act concerning maximum working hours, break regulations, and work on Sundays and public holidays, for which exemptions may need to be applied for. Volunteers are usually engaged on the basis of volunteer agreements, but this does not create standard employment relationships; however, they are covered by statutory accident insurance at the organizer’s expense. Both groups must be included in workplace health and safety measures, such as briefings, risk assessments, and provision of safety equipment. Special care is required in the case of young employees, who are subject to additional special protection rules.
