Translucent justice: strategic transparency and the legitimacy of the ECtHR

Abstract This article explores the European Court of Human Rights’ (ECtHR) evolving use of transparency in awarding just satisfaction under Article 41 of the European Convention on Human Rights. While transparency is typically viewed as a normative ideal, the article argues that the Court uses it selectively to manage legitimacy pressures, navigate its relations with Member States, and preserve judicial discretion. Situating the 2022 revised Practice Direction within broader post-Interlaken reforms, it demonstrates how the Court uses transparency to guide applicants and publicly frame its remedial understanding, while retaining flexibility to deviate from standard approaches. At the same time, strategic opacity, especially around internal guidelines and certain large-scale or declaratory awards, serves institutional self-preservation. This tension between openness and discretion reflects a broader recalibration of the Court’s remedial identity, particularly in repetitive cases and contexts of systemic non-compliance.