This article examines the process of derogation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It focuses on the COVID-19 emergency situation and on the limits posed to fundamental human rights and freedoms by the measures implemented in response to the sanitary crisis in Europe. It is argued that derogation is acceptable if under the close supervision of Council of Europe bodies (CoE). Moreover, any emergency measures which determine the derogation or limitation of human rights and fundamental freedoms should be reasonable and limited in scope and time, and thus should have an exceptional and temporary nature and should be constantly tested against the principles of necessity and proportionality.
