40 D. Kochenov III. The fusion of legal and social dynamics described above is responsible for the peculiarities of European states today, compared with other nations around the world. Although no one would dispute the sovereignty of EU member states, it is abundantly clear that their practical functioning in all the fields they could possibly aspire to influence is profoundly affected by the new socio-legal reality of European integration. This is best illustrated by the interrelation between European states and their ‘peoples’. EU member states have been transformed from units of destiny into units of choice and are obliged by law to respect all those willing to leave forever and move to a different member state. Many harbour now large numbers of individuals who, although they do not possess the local nationality, cannot be stopped at the border, sent away, or treated worse than the locals. These are the EU citizens, i.e. the non-nationals who are non-foreigners. The developments described above are fundamental. Once destiny stops obscuring the view, responsibility and freedom come into sight. This responsibility and this freedom affect the essence of what the ‘peoples’ of the member states are. Crucially, unlike the absolute majority of states outside the EU, member states of the EU cannot shape social facts related to EU citizens’ movements. In other words, from the shapers and custodians of ‘their’ societies, as in Micronesia where those who are not ‘ethnic Micronesians’ are not entitled to anything, or in Quebec where those who speak French are more welcome, the member states have become mere observes of how EU citizens use EU law and their free will when crossing the ephemeral borders in order to organise their lives as they see fit. The strongest appeal of EU member states in the eyes of mobile EU citizens is their relative invisibility – they do not intrude into the lives of EU citizens choosing to settle outside their member state of nationality. Why is this transformation important? It seems that it has profound implications for the moral reasons of accepting or rejecting social facts in framing policy and law. States actively involved in shaping immigration policy not only help the societies they serve. They also shape these societies by not letting some people in or mistreating others. Consequently, once it is known that they have this capacity, legitimate pretexts can be listed for not including some permanent residents into the notion of the ‘people’, such as ‘illegal’ Latinos in the US or, until very recently, aboriginals in Australia. Does the same hold for the states which are merely entitled to observe as those who chose them come and go? Once the ability to shape the society is lost thanks to the freedom guaranteed by supranational law invocable against the member states, the member states are bound to face substantial difficulties