Key facts of the case:
Spanish Government Subdelegation in Salamanca [Subdelegación del Gobierno en Salamanca] decided to expulse an EU citizen and to restrict the right to entry into Spain for a period of 10 years. This a decision of expulsion of an European citizen based on grounds of public security, according to article 15 of Royal Decree 240/2007, of 16 February, about entry, right to move and residence in Spain of citizens of European Union Member States and other States part of the Agreement about European Economic Area [Real Decreto 240/2007, de 16 de febrero, sobre entrada libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo] This person was sentenced to six months after a robbery with violence and he was convicted for two years after a robbery in a house. The administrative court in the first instance decided that the expulsion was correctly funded, but removed the restriction of entry into Spain. The judgment of the High Court of Justice of Castilla-Leon, Contentious-administrative division, in second instance, confirmed the decision, referring to European Union Law, and in particular the right to move and residence of European citizens because the Government adopted the decision of the expulsion based on grounds of public security because this person is a real, present and serious threat to public order and incompatible with civil peace and the respect for other members of the society.
The fact that, among others, citizens of the European Union Member States are not in Spain, properly neither Spanish nor foreigners but they are EU citizens, determines the existence of a specific legal status for them. This status is close, but not identical, to the Spanish in the national territory and comes from the right of European citizens to move and residence in European Union Member States territory, currently inter alia in article 3.2 of the Treaty on European Union, in force from 1 December 2009; articles 21.1, 45 and following and related provisions of the Treaty on the Functioning of the European Union , with equal force; and article 45 of the present Charter of Fundamental Rights of the European Union. These articles order for this case the principle of free movement of EU citizens in the countries of the European Union and the right to reside in them. These rights separate the status of European Union citizens from the foreigners status and it is similar to the national status. However there is no an identification to the national status.