Charter of Fundamental Rights of the European Union with the Charter and the EU's courts will strike down legislation adopted by the EU's institutions that contravenes it. The Charter applies to the Institutions of the European Union and its member states when implementing European Union law. The Treaty establishing the European Economic Community (Treaty of Rome) did not include any reference to fundamental or human rights. The EEC Treaty was written a few years after the failure of the European Defence Community Treaty and the European Political Community Treaty. The latter treaty had included rights provisions and Craig and de Búrca argue that, in light of that failure,
Special member state territories and the European Union lodged by the United Kingdom with the EEC in 1982, Gibraltarians were to be counted as British nationals for the purposes of Community law. This was notwithstanding that they were not, at the time, British citizens, but were British Overseas Territories citizens with the right to be registered as British citizens. As such, Gibraltarians have enjoyed European Community treaty rights since UK's accession to the European Community, and subsequently European Union citizenship since the Maastricht Treaty. It was not until 21 May 2002 when Gibraltarians who did not apply for British citizenship were automatically granted British citizenship while still retaining