Questione giuridica chiave
Whether the public-law appeal could seek immediate release despite its cassatory nature.
Decisione estratta
A request for immediate release was admissible because preventive detention is a situation where a positive measure is necessary to restore constitutional compliance.
Motivazione estratta
The general cassatory effect of the appeal has an exception when annulment alone cannot remedy the violation; this is so for unlawful or no-longer-justified preventive detention.