Tribunal of Milan, Order December 2022

It is emphasized that the judge tasked with this review is not bound by the reasons expressed in the appeal, but must verify the existence of the grounds for the legality of the measure. This is because "the procedure for the review of measures restricting personal liberty is ordinarily to be understood as fully devolutive" and such an interpretation is "the only one consistent with the principles established in this regard by Directive 2013/33/EU.