Contentious-Administrative Procedural Code (Law No. 8508) - how to sue the State, one-year deadline, precautionary measures

The Contentious-Administrative Procedural Code (CPCA, Law No. 8508, dated April 28, 2006, in force since January 1, 2008) is the law that regulates how to sue the State before the courts — the Contentious-Administrative Jurisdiction established by Article 49 of the Political Constitution. It is the next step when internal remedies within the institution itself have already been exhausted (see the fact sheet for the General Law of Public Administration) and the person still disagrees with the decision.

What can be sued (Articles 1-2): any conduct of the Public Administration subject to administrative law — the central State, the Legislative/Judicial Branches/TSE when acting in an administrative capacity, municipalities, and decentralized institutions. It also includes administrative contracting (awards, tenders) and the patrimonial liability of the State for damages.

DEADLINE TO SUE — the most important piece of information (Article 39): the maximum deadline is ONE YEAR, counted depending on the case:

• If the act is notified: from the day following the notification.
• If communicated by publication: from the day following the last publication.
• If it is a material action (not a formal act): from the day following the cessation of its effects. After that year has passed, the lawsuit can no longer be filed (statute of limitations) — which is why this is the most critical practical piece of information in this law.

What can be requested from the court (Article 42) — among other things:

• To declare that an action by the Administration is not in accordance with the law, or to annul it totally or partially.
• To recognize or restore a right or legal situation.
• To condemn the Administration to do something specific that the law requires, or to refrain from conduct that could cause damage.
• To condemn the payment of damages. Several of these things can be requested together in the same lawsuit, provided they are compatible with each other.

Precautionary measures — protection while the process lasts (Articles 19-27): the court can order provisional measures (obligating to do, not do, or give something) to protect the situation while the case is being resolved, even BEFORE filing the formal lawsuit. In cases of extreme urgency, they can be ordered without even giving prior notice to the other party. Important: if a precautionary measure is requested and granted before filing the lawsuit, the lawsuit must be filed within the 15 days following the notification — otherwise, the measure is lifted and the person who requested it may have to pay for the damages and losses caused.

Who represents the State (Article 16): in the central Administration, the Branches of the State, the TSE, the Comptroller General, and the Office of the Ombudsman, representation and defense are the responsibility of the Procuraduria General de la Republica.

Bodies that resolve these cases (Article 6): Contentious-Administrative and Civil of Hacienda courts, tribunals of the same matter, the Court of Cassation of Contentious-Administrative and Civil of Hacienda, and the Sala Primera de la Corte Suprema de Justicia.

Note: this fact sheet summarizes the most consulted points of an extensive and technical procedural law (court organization, detailed step-by-step procedure, appeals against the judgment, execution of judgments against the State are excluded from this summary). Given the strict one-year statute of limitations, for a real case the most important thing is to consult a lawyer as soon as possible — do not wait for the deadline to approach.