The responsibility of managers in the face of climate risk (part 1)

At a time when climate issues are taking a prominent place, the responsibility of managers has been in the spotlight since the adoption of the Pacte law in 2019. This article from Stream explores the ramifications of this legal development and examines the responsibilities that now fall to leaders in the fight against climate change. The first part analyzes the principles of this responsibility and identifies the faults likely to trigger it. The second part will be broadcast on our site on May 28 and the third on June 4.

In 2019, and within the more global framework of corporate social responsibility (CSR), the Pacte law modified article 1833 of the Civil Code, requiring corporate managers to understand the social interest of the company in consideration of the issues social and environmental. A first political-legal step was thus taken towards a new form of “climate responsibility” of the social manager since the latter must now exercise caution and anticipate, in a reasonable manner, the consequences of his decisions, his management or actions. its strategies on climate and its evolution. Since 2019, the climate emergency has continued to worsen to the point that it is now at the heart of many social struggles, and constitutes one of the major political considerations of our national, European and international authorities. Strengthening the “climate” obligations of those involved in economic life is now an unavoidable imperative. From all sides, texts are coming out to order companies to control and limit the impact of their activities on climate change. It is no longer a question of a simple appreciation of a social interest. The requirements are more precise, more restrictive and consist of a real duty of vigilance, the production of accounting data, the implementation of climate plans and the obligation to equip oneself with the human resources allowing the adoption of effective prevention measures. . The constraints of corporate law are increasing drastically, and their progression seems just as inevitable as the warming they are fighting.