What is Non-Pecuniary Compensation?
Non-pecuniary damage is compensation for the non-pecuniary damage suffered by a person due to the violation of his/her personal rights or moral suffering as a result of an unlawful act. Unlike pecuniary compensation, the amount of non-pecuniary compensation is not clearly determined and is assessed by the judge according to the specific circumstances of the concrete case.
How to Request Non-Pecuniary Damages in Administrative Jurisdiction?
In administrative jurisdiction, a claim for non-pecuniary damages can be filed together with a full jurisdiction lawsuit or an annulment lawsuit, or as a separate lawsuit. In the petition, the unlawfulness that is the basis for the claim for non-pecuniary damage and the non-pecuniary damage resulting from this situation must be explained in detail. Additionally, the amount of non-pecuniary damage requested must also be stated in the petition.
Increasing the Demand for Non-Pecuniary Compensation
With the amendment made by Law No. 2577, the amount of non-pecuniary damages specified in the petition in full jurisdiction cases can be increased for once while the case is ongoing. There is no time limit for this increase.
Necessary Conditions for Increasing the Claim for Non-Pecuniary Compensation
In order for the claim for non-pecuniary damages to be increased, the following conditions must be met:
• The request for increase must be made while the case is ongoing.
• An increase request can be made only once.
• There is no time limit for an increase request.
• The increase request must be submitted to the court with a petition.
• New evidence or justifications that form the basis of the increase request must be clearly stated in the petition.
Determination of the Amount of Non-Pecuniary Compensation
The amount of non-pecuniary damage is assessed by the judge according to the specific circumstances of the concrete case. In this case, the judge will take into account the following issues:
• The nature and severity of the illegality
• The extent and duration of the moral damage suffered by the plaintiff
• Personality status of the plaintiff
• The plaintiff's capacity to suffer moral suffering
• The behavior of the administration that is at fault in the incident