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,
Charter of Fundamental Rights of the European Union the drafters of the EEC Treaty wished to eschew any implicitly political elements. However, the idea that the purely economic end of the new EEC Treaty would be unlikely to have any implications for fundamental rights was soon to be tested. Soon after the entry into force of the EEC Treaty, the Community established itself as a major political entity with policy ramifications beyond its economic aims. In 1964, the European Court of Justice handed down its decision in "Costa v ENEL", in which the Court decided that Union law should take precedence over conflicting national law. This meant that