Actions before the administrative courts

What an administrative-court action is

Jaime Orlando Santofimio Gamboa treats these actions as the instrument of judicial review of administrative activity (Tratado de derecho administrativo, Externado; volume II on the administrative act, and the later Compendio). The First Section reads the cause of action, not only the label the plaintiff puts on the complaint. The main actions are constitutional nullity (art. 135), nullity (art. 137), nullity and restoration of rights (art. 138), direct reparation (art. 140), and public-contract disputes (art. 141).

Nullity, restoration, and reparation

Nullity under article 137 lies, as a rule, against general acts, with no limitation period. Where the complaint would automatically restore a subjective right, the case is tried under article 138. Article 171 requires the court to give the complaint the procedure that fits, even if the plaintiff named the wrong action. That power does not avoid the limitation period or the burdens of the correct action. The First Section has applied it, among other decisions, in the order of 17 June 2021, file 11001-03-24-000-2020-00474-00, and the order of 20 April 2021, file 11001-03-24-000-2020-00271-00.

Nullity and restoration has a four-month period, mandatory administrative appeals, and, if the matter is conciliable, pre-suit conciliation under Law 2220 of 2022. Direct reparation does not attack an act. On 20 June 2017 the full Third Section, file 25000-23-26-000-1995-00595-01 (18860), reviewed the titles of imputation — failure of service, special damage, and exceptional risk — to decide whether harm was attributable to the State and under which regime. The title is fixed from the facts proved, not from the caption. The period is two years.

How I can help

I served as Administrative Judicial Procurator. I intervened as the Public Ministry in administrative-court proceedings, and my opinions were adopted in the judgment. The first task is to grade the action, the limitation period, and the pre-suit requirement. I then draft the complaint or defend the entity. I handle these matters in Bogotá, Chía, Zipaquirá, Tabio, Medellín, Cartagena, Cali, and Tunja, and for foreign clients. Office in Usaquén, Avenida Calle 127 # 14-54, Office 610 A. WhatsApp +57 318 887 7711.

This note is general information, not an opinion on a specific case.

Sources

Constitution, articles 90, 189(2) and (11), 237 and 238. Law 1437 of 2011, articles 135, 137, 138, 140, 141, 149 et seq., 162, 164, 165, 171 and 229. Laws 2080 of 2021 and 2220 of 2022. Santofimio Gamboa, Tratado and Compendio (Externado). Council of State, First Section, orders of 17 June 2021 and 20 April 2021, files cited above. Third Section, full chamber, judgment of 20 June 2017, file 18860.