Does the European Union would have the competence to adopt a binding European Contract Code. Regardless of your position, it is important that you reason your opinion by referring to one or several legal bases in the TFEU andexplain why that Treaty provision could (or could not) be used as a legal basis for the adoption of harmonised rules. Please refer to these articles:

Three different categories of competences of the EU:

• Exclusive competence - Article 3 point b

"1. The Union shall have exclusive competence in the following areas:

(a) customs union;

(b) the establishing of the competition rules necessary for the functioning of the internal market;

(c) monetary policy for the Member States whose currency is the euro;

(d) the conservation of marine biological resources under the common fisheries policy; (e) common commercial policy.

2. The Union shall also haveexclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope. "

• Shared competence - Article 4 point f
  • As long as the EU has not taken action, the MS have freedom to legislate. As soon as the EU legislates on a matter, it is binding in a superior way.

"1. The Union shall share competence with the Member Stateswhere the Treaties confer on it a competence which does not relate to the areas referred to in Articles 3 and 6.

2. Shared competence between the Union and the Member States applies in the following principal areas:

(a) internal market;

(b) social policy, for the aspects defined in this Treaty;

(c) economic, social and territorial cohesion;

(d) agriculture and fisheries, excluding the conservation of marine biological resources;

(e) environment;

(f) consumer protection;

(g) transport;

(h) trans-European networks;

(i) energy;

(j) area of freedom, security and justice;

(k) common safety concerns in public health matters, for the aspects defined in this Treaty.