Practical guide · 2026-10-26
The administrative act and how to challenge it
An administrative act is the Administration’s unilateral statement of will that creates, modifies, or ends a legal situation. While it stands, it is presumed lawful and is enforceable. Challenging it is not complaining about a letter. It is identifying the act, its defects, the proper action, venue, claims, and the limitation clock.
Concept and three actions
Santofimio Gamboa reconstructs the act from the 1991 Constitution: subject, object, cause, purpose, and form; presumption of lawfulness; enforceability; loss of enforceability; and revocation (CPACA arts. 91, 93–97). Simple nullity (art. 137) defends objective legality. Constitutional nullity (art. 135) attacks certain decrees with force of law. Nullity and restoration (art. 138) is for the holder of a right, with a four-month period and, if conciliable, pre-suit conciliation.
How I can help
The work starts by grading the act and the action, then the clock and conciliation. I served as Judicial Procurator for administrative conciliation. WhatsApp +57 318 887 7711.
Sources
CPACA arts. 135, 137, 138, 164. Law 2220 of 2022. Santofimio Gamboa. Council of State.
This text is general information, not legal advice on a particular case.
Ronald Valencia
Avenida Calle 127 # 14-54, Oficina 610 A, Usaquén, Bogotá D.C.
WhatsApp 318 887 7711