Procedimiento especial de control automático de legalidad de los fallos con responsabilidad fiscal que introdujo el artículo 23 de la Ley 2080 de 2021

Abstract

In this article the reader will immerse himself in knowing the fundamental changes that were made within the second part of the Code of Administrative Procedure and Administrative Litigation CPACA through Law 2080 of 2021, mainly with regard to article 136A which was an addition within the framework of the special automatic legality control procedure. The foregoing, with the aim of strengthening the procedural aspects of the special procedure for automatic control of the legality of judgments with fiscal responsibility and the effectiveness of their legal-procedural impact.

Likewise, the new reform seeks to strengthen the individual and collective rights of people, which are exercised against the administration in a timely manner, responding with an improvement of the administrative process and procedure in cooperation with the TICS (information technologies). and communication), among which we find sections that refer to the matter of fiscal sanctioning administrative procedure and we also find in terms of the terms and resources of the sanctioning procedure some changes and / or reforms, likewise within these reforms sanctions and suspensions (provisional or not) of public servants through fiscal sanctioning processes.

Additionally, it is important to analyze and see the feasibility of justification of this reform, since it is not known with certainty if it really brings speed and decongestion in the processes that are processed before the jurisdiction of administrative litigation, both for natural persons and for legal persons as well as public entities,

and in essence for judges and administrative magistrates or, on the contrary, it has no effectiveness.

In this sense, it is important to analyze the changes within the second part of the code and the procedural and sanctioning procedures in order to speed up processes or increase the times in them due to the change in jurisdiction.