Gerard Hogan | |
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.jpg) Hogan in 2021 | |
| Judge of theSupreme Court of Ireland | |
| Assumed office 15 October 2021 | |
| Nominated by | Government of Ireland |
| Appointed by | Michael D. Higgins |
| Advocate General of theEuropean Court of Justice | |
| In office 8 October 2018 – 7 October 2021 | |
| Nominated by | Government of Ireland |
| Appointed by | European Council |
| President | Koen Lenaerts |
| Preceded by | Melchior Wathelet |
| Succeeded by | Anthony Collins |
| Judge of theCourt of Appeal | |
| In office 24 October 2014 – 7 October 2018 | |
| Nominated by | Government of Ireland |
| Appointed by | Michael D. Higgins |
| Judge of theHigh Court | |
| In office 11 November 2010 – 24 October 2014 | |
| Nominated by | Government of Ireland |
| Appointed by | Mary McAleese |
| Personal details | |
| Born | (1958-08-13)13 August 1958 (age 67) Carrick-on-Suir,County Tipperary, Ireland |
| Spouse | |
| Alma mater | |
Gerard William Augustine Hogan,[1]MRIA (born 13 August 1958) is an Irish judge, lawyer and academic who has served as a Judge of theSupreme Court of Ireland since October 2021. He previously served as Advocate General of theEuropean Court of Justice from 2018 to 2021, a Judge of theCourt of Appeal from 2014 to 2018 and a Judge of theHigh Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law.
Hogan is fromCarrick-on-Suir,County Tipperary. He was born in 1958, to Mai and Liam Hogan.[2] His father was the deputy principal ofChristian Brothers secondary school in the town.[3][4] He was educated atUniversity College Dublin, from where he received BCL and LLM degrees in 1979 and 1981.[5] He co-authored his first bookPrisoners' Rights: A Study in Irish Prison Law in 1981 withPaul McDermott and Raymond Byrne. He obtained aJohn F. Kennedy memorial scholarship to study for an LLM, which he earned in 1982 from theUniversity of Pennsylvania Law School.[6][7] He subsequently attended theKing's Inns. He holds two doctorates – he holds an LLD from UCD and received a PhD in law fromTrinity College Dublin in 2001.[8][9]
Early in his legal career in 1986, he supported theAnti-Apartheid Movement with other legal scholars, includingMary McAleese,Mary Robinson andBryan MacMahon.[10] He was involved with theProgressive Democrats and in 1988 wrote the party's proposed newConstitution of Ireland withMichael McDowell.[11]
In May 2021, he was made a member of theRoyal Irish Academy.[12]
He was called to theBar in July 1984 and became aSenior Counsel in 1997.[4][13] He appeared domestically in cases in theHigh Court and theSupreme Court and internationally at theEuropean Court of Human Rights and theEuropean Court of Justice.[14]
Hogan is noted in particular for his experience in constitutional law.[15] He acted for theAttorney General of Ireland inreferences made by PresidentMary Robinson under Article 26 of theConstitution of Ireland to the Supreme Court regarding theInformation (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997.[16][17] He appeared again for the Attorney General (withDermot Gleeson andPaul Gallagher) in another reference made by PresidentMary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.[18]
He was a law lecturer and fellow atTrinity College Dublin from 1982 to 2007.[19] He lectured on constitutional law, competition law and the law of tort.[20] He is regarded as "one of the foremost constitutional and administrative lawyers in Ireland".[21] He is the co-author ofAdministrative Law in Ireland andJM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively.[22] He has also written a text on political violence and a book where he chronicled the origins of theConstitution of Ireland.[23]
During his career as a barrister he was involved in cases involving employment law,[24] habeas corpus,[25] immigration law,[26] judicial review,[27] company law,[28] and commercial law.[29]
He appeared forKatherine Zappone andAnn Louise Gilligan inZappone v. Revenue Commissioners in the High Court andMiss D in her case related to the rights to travel abroad for an abortion.[30][31] He represented the State in the High Court and the Supreme Court in litigation that emerged following a court finding that an offence of unlawful carnal knowledge was unconstitutional.[32][33] In 2008, he acted forColm Murphy andSeamus Daly in the Supreme Court who were contesting an action taken by families of victims of theOmagh bombing when they were refused access to books of evidence.[34]
Hogan was involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He representedDesmond O'Malley at theBeef Tribunal in 1992,[35]Dermot Desmond at theMoriarty Tribunal in 2004,[36] andJim Higgins andBrendan Howlin in actions related to theMorris Tribunal.[37][38] He acted for the Committee on Members’ Interests of Seanad Éireann in action taken byIvor Callely.[39]
He was the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.[40]
Throughout his career, he has been a member of committees and boards in areas requiring legal expertise. He chaired theDepartment of Justice and Equality'sBalance in Criminal Law Review Group, and was a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He was also a member of theCompetition Authority's Advisory Panel and the Committee on Court Practice and Procedure.[14]
He was appointed a Judge of theHigh Court in 2010. Soon after his appointment, he held an emergency hearing in his home regarding a blood transfusion for a sick baby.[41] He was one of three judges who heard a case taken by Marie Fleming, seeking aright to die in 2012.[42] His reference to theEuropean Court of Justice in 2014 regarding theInternational Safe Harbor Privacy Principles, resulted in a declaration by the Grand Chamber that the Safe Harbour Decision was invalid.[23]
He subsequently became a Judge of theCourt of Appeal upon its establishment in October 2014.[15]
In May 2018, he was nominated by theGovernment of Ireland for appointment as theAdvocate General to theEuropean Court of Justice.[43] His term began in October 2018 and would have expired in October 2024.[3]Anthony Collins was appointed in 2021 to complete his term following his appointment to the Supreme Court.[44] Hogan concluded his term on 7 October 2021.[45]
In one of his first opinions, on a reference from the FrenchConseil d'État, he found that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 requires that products originating fromIsraeli-occupied territories should indicate if these products come from such a territory.[46] His opinion was followed by the Court of Justice.[47]
In April 2021, the Irish government nominated him to theSupreme Court of Ireland.[48] He was appointed in October 2021.[49]
Hogan is married to Karen Quirk.[50]
A special thank you to Mr Justice Gerard Hogan ... His wife, Karen Quirke, also gave help
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