Regarding the possibility of submitting a request for review in the absence of an explicit legislative provision, in a jurisprudential context with conflicting opinions on this point, the Supreme Court recently expressed its opinion with sentence no. 22932 of 2017, which, with reference to Article 15 of EU Directive No. 115 of 2008, held that the cited norm, although not implemented into our legal system, constitutes a directly applicable right as a self-executing provision: according to the Court, this means that, although it cannot be referred to as a "revocation" of the judicial validation, it is still allowed to submit a judicial request for a review of the foreigner's detention in the center, and in the absence of specific regulatory provisions, it can be enforced through the general procedural tool of the chamber procedure pursuant to Article 737 of the Italian Civil Code and its following articles to obtain a new review of the grounds for detention in light of new or previously unconsidered facts. Therefore, the appeal is admissible.
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