The underlying emphasis of this paper is on Article 15 of the European Convention of Human Rights (ECHR). This Article allows contracting parties to derogate from their human rights obligations in face of public emergency. Accordingly, this paper explores the circumstances and conditions that establish public emergency. In what circumstances can a state declare an emergency in accordance with the ECHR or its case law? Additionally, the notion of margin of appreciation is explored in this paper along with the obligation of a state to notify the Secretary General of the Council of Europe of a declaration of emergency. Furthermore, the wording of the ECHR and its subsequent case law have created a legal gray hole, which can be easily exploited by contracting states. This paper seeks to delimit aspects that contribute towards the establishment of this gray hole with regard to its implications.