On May 8, 2025, Supreme Decree No. 059-2025-PCM (the “Supreme Decree”), a rule that has provided that the entities of the National Government that make up the Executive Branch must expressly repeal or remedy the defects of legality of the administrative provisions that have been declared illegal and/or unreasonable bureaucratic barriers.
Such repeal or, as the case may be, the correction of the defects of legality (through the respective amendment), shall occur within thirty (30) calendar days from the publication by INDECOPI of the list of administrative provisions that have been declared bureaucratic barriers, either by final resolutions of the first or second instance of INDECOPI.
INDECOPI has a maximum term of ten (10) calendar days as from the entry into force of the Supreme Decree to publish the aforementioned list. Henceforth, INDECOPI shall publish the updated list of administrative provisions that incur in the above on the first working day of each quarter.
The obligation to repeal or remedy is not applicable in those cases in which the resolutions declaring the bureaucratic barriers are being challenged in a contentious-administrative proceeding or are in the process of filing the respective contentious-administrative lawsuit.
The entities covered by the rule must report both INDECOPI and the Secretariat of Public Management of the Presidency of the Council of Ministers of the actions they have taken with respect to the list published by INDECOPI, specifying whether the administrative provisions were repealed, corrected (through the corresponding regulatory amendment) or whether they have been the subject of an administrative litigation proceeding or are in the process of being challenged in such proceeding.
Additionally, if there is a repeal or modification of regulatory provisions that regulate administrative procedures, the entities are obliged to update their Single Text of Administrative Procedures – TUPA within a maximum period of sixty (60) working days.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Hugo Silva (hsilva@estudiorodrigo.com), Hugo Sarria (hsarria@estudiorodrigo.com) and/or César Carrillo (ccarrillo@estudiorodrigo.com).
