812 22 MJ 6 (2015) THE USE OF ECtHR CASE LAW BY THE COURT OF JUSTICE AFTER LISBON he View of Luxembourg Insiders Jasper Krommendijk* ABSTRACT his article examines how and why the Court of Justice examines and cites the case law of the ECtHR ater the entry into force of the Charter of Fundamental Rights in 2009. he Court’s practice will be sketched on the basis of 20 interviews with judges, référendaires and Advocates General at the Court of Justice. It will be shown that the Court of Justice has examined and cited the Strasbourg case law less frequently and extensively. Several reasons will be given for this, primarily on the basis of the observations of the interviewees as to their readiness to cite the Strasbourg case law. his includes a growing awareness that both courts are diferent as well as strategic reasons related to the wish to develop an autonomous interpretation of the Charter. Keywords: Charter of Fundamental Rights; Court of Justice of the European Union; European Court of Human Rights; judicial dialogue; Opinion 2/13 §1. INTRODUCTION No other ‘foreign’ court has been cited by the Court of Justice (the Court) on as frequent a basis as the European Court of Human Rights (ECtHR). Some observers even noted * Assistant Professor of European law, Radboud University, Nijmegen, the Netherlands. I would like to thank Malu Beijer, Gráinne de Búrca, Janneke Gerards, Lize Glas, John Morijn and Marc Veenbrink as well as the two anonymous peer reviewers for their valuable comments on earlier versions. A more detailed version of this article, with a more elaborate discussion of the methodology, Court of Justice judgments as well as other sources can be found in J. Krommendijk, ‘he use of ECtHR case law by the CJEU ater Lisbon: the view of the Luxembourg insiders’, Maastricht Faculty of Law Working Paper (2015).