Electronic Notification of Judgments in CPACA

This is the case of Legislative Decree 806 of 2020, which served as the basis for the adoption of dynamics to facilitate access to justice virtually in times of pandemic.

By means of Law 2213 of 2022, Legislative Decree 806 of 2020 is approved as permanent, except with some minor modifications, in order to preserve the measures that the Administration of Justice adopted regarding the handling of the file, notifications, hearings, filing of appeals in all jurisdictions, among others.

In the case of notifications, Law 2213 of 2022 urged that the personal notification of rulings (orders and sentences), may be made by sending data messages using any available technical means with a term of two (2) days from the day following the sending of the ruling.

However, for the Code of Administrative Procedure and Administrative Disputes (CPACA), there was a contradiction of rules between Article 203 and 205, the latter recently amended by Law 2080 of 2021, because both rules contain a different term of notification. Finally, the Full Chamber of the Contentious Administrative Court, by means of the Jurisprudential Unification Order with Radicación No. 68001-23-33-000-2013. 68001-23-33-000-2013-00735-02 (68177) and dated November 29, 2022, resolved the normative conflict by applying the Principle of Prevalence of Subsequent Rule, so it was adopted as a criterion of jurisprudential unification on the issue of personal notification of judgments, the provisions of paragraph 2 of Article 205 which provides that the term of notification of the ruling will be two (2) days from the day following the day of sending the same, which is in line with the provisions of Law 2213 of 2022.