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To hide the enormity of the change, the same name - European Union - will be kept while the Lisbon Treaty changes fundamentally the legal and constitutional nature of the Union. By this means the importance of the proposed change is kept hidden from the people:
The change in the constitutional nature of both the Union and its Member States will be made in three legal steps that are set out in the Treaty:
(a) It establishes a European Union with an entire legal personality and independent corporate existence in all Union areas for the first time, so that it can function as a State vis-a-vis other States and in relation to its own citizens (Art.32, amended TEU);
(b) This new European Union replaces the existing European Community and takes over all of its powers and institutions. It takes over as well the "intergovernmental" powers over foreign policy and crime, justice and home affairs which at present are outside the scope of European law, leaving only the Common Foreign and Security Policy outside the scope of its supranational power (Art.11.1, amended TEU). It thereby gives a unified constitutional structure to the new Union which it will constitute or establish. The European Community disappears and all spheres of public policy will come within the scope of supranational EU law-making either actually or potentially, as in any constitutionally unified State.
(One says "potentially" because further inter-State treaties would be required to transfer the minority of law-making powers still remaining with the Member States to the new Union in the future, or to shift powers back from the supranational level to the Member States - something that has never happened up to now.
Supranational legislative acts would not yet be adopted in the sphere of Common Foreign and Security Policy and new treaties would be needed to change that. However the Commission, a key supranational body, will through the High Representative/Foreign Minister gain the right of initiative in the foreign policy field, so that even in the light of Art.11.1 TEU a de facto "supranationality" will be attained here);
(c) It makes us all real citizens of the new Federal Union which the Treaty establishes, with all the implications of that for downgrading our present personal status as citizens of sovereign nation States and superseding it by citizenship of a supranational European Federation.
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