The Hybrid Nature Of The Management Act: Between Legal Logic And Managerial Rationality

Abstract

The criminalization of management acts raises a structural tension between criminal liability and economic rationality, particularly within public economic enterprises. In the absence of stabilized normative criteria, judges are often led to assess managerial acts solely based on their outcomes, to the detriment of the executive's legal certainty.

This article proposes a functional typology of management acts (routine, circumstantial, and risk-based) and demonstrates that their hybrid nature necessitates a differentiated evaluation of their legitimacy. By mobilizing risk governance standards and the logic of the Business Judgment Rule, this study defends a conception of legal certainty as a prerequisite for decisional rationality. It advocates for a hybrid evaluation model that reconciles the review of legality with a contextualized assessment of the managerial decision.