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Gerard Hogan

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The Hon. Mr. Justice
Gerard Hogan
MRIA
Judge of the Supreme Court of Ireland
Incumbent
Assumed office
15 October 2021
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Advocate General of the European Court of Justice
In office
8 October 2018 – 7 October 2021
Nominated byGovernment of Ireland
Appointed byEuropean Council
PresidentKoen Lenaerts
Preceded byMelchior Wathelet
Succeeded byAnthony Collins
Judge of the Court of Appeal
In office
24 October 2014 – 7 October 2018
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Judge of the High Court
In office
11 November 2010 – 24 October 2014
Nominated byGovernment of Ireland
Appointed byMary McAleese
Personal details
Born
Gerard William Augustine Hogan

(1958-08-13) 13 August 1958 (age 66)
Carrick-on-Suir, County Tipperary, Ireland
SpouseKaren Quirk (m. 1995)
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 the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. Hogan first worked as a barrister and lecturer in law specialising in constitutional and administrative law.

Early life and education

Hogan is from Carrick-on-Suir, County Tipperary. He was born in 1958, to Mai and Liam Hogan.[2] His father was the deputy principal of Christian Brothers secondary school in the town.[3][4] He was educated at University College Dublin, from where he received BCL and LLM degrees in 1979 and 1981.[5] He co-authored his first book Prisoners' Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtained a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School.[6] He subsequently attended the King's Inns. He holds two doctorates – he holds an LLD from UCD and received a PhD in law from Trinity College Dublin in 2001.[7][8]

Early in his legal career in 1986, he supported the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon.[9] He was involved with the Progressive Democrats and in 1988 wrote the party's proposed new Constitution of Ireland with Michael McDowell.[10]

In May 2021, he was made a member of the Royal Irish Academy.[11]

He was called to the Bar in July 1984 and became a Senior Counsel in 1997.[4][12] He appeared domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.[13]

Hogan is noted in particular for his experience in constitutional law.[14] He acted for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997.[15][16] He appeared again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.[17]

He was a law lecturer and fellow at Trinity College Dublin from 1982 to 2007.[18] He lectured on constitutional law, competition law and the law of tort.[19] He is regarded as "one of the foremost constitutional and administrative lawyers in Ireland".[20] He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively.[21] He has also written a text on political violence and a book where he chronicled the origins of the Constitution of Ireland.[22]

During his career as a barrister he was involved in cases involving employment law,[23] habeas corpus,[24] immigration law,[25] judicial review,[26] company law,[27] and commercial law.[28]

He appeared for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion.[29][30] 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.[31][32] In 2008, he acted for Colm Murphy and Seamus Daly in the Supreme Court who were contesting an action taken by families of victims of the Omagh bombing when they were refused access to books of evidence.[33]

Hogan was involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represented Desmond O'Malley at the Beef Tribunal in 1992,[34] Dermot Desmond at the Moriarty Tribunal in 2004,[35] and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal.[36][37] He acted for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.[38]

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.[39]

Throughout his career, he has been a member of committees and boards in areas requiring legal expertise. He chaired the Department of Justice and Equality's Balance 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 the Competition Authority's Advisory Panel and the Committee on Court Practice and Procedure.[13]

Judicial career

High Court

He was appointed a Judge of the High Court in 2010. Soon after his appointment, he held an emergency hearing in his home regarding a blood transfusion for a sick baby.[40] He was one of three judges who heard a case taken by Marie Fleming, seeking a right to die in 2012.[41] His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, resulted in a declaration by the Grand Chamber that the Safe Harbour Decision was invalid.[22]

Court of Appeal

He subsequently became a Judge of the Court of Appeal upon its establishment in October 2014.[14]

Advocate General of the European Court of Justice

In May 2018, he was nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice.[42] 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.[43] Hogan concluded his term on 7 October 2021.[44]

In one of his first opinions, on a reference from the French Conseil 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 from Israeli-occupied territories should indicate if these products come from such a territory.[45] His opinion was followed by the Court of Justice.[46]

Supreme Court

In April 2021, the Irish government nominated him to the Supreme Court of Ireland.[47] He was appointed in October 2021.[48]

Personal life

Hogan is married to Karen Quirk.[49]

References

  1. ^ "University and College Officers" (PDF). Archived (PDF) from the original on 1 August 2020. Retrieved 3 March 2020.
  2. ^ "Liam Hogan selflessly shared his time and talent". www.tipperarylive.ie. Archived from the original on 1 August 2020. Retrieved 29 May 2020.
  3. ^ a b "Tipperary judge nominated to European Court of Justice". www.tipperarylive.ie. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  4. ^ a b "21 people called to the Bar by Chief Justice". The Irish Times. 27 July 1984. p. 8.
  5. ^ "Mr Justice Gerard Hogan". UCD School of Law. Retrieved 28 May 2020.
  6. ^ "Prison law is subject of new book". The Irish Times. 29 July 1981. p. 7.
  7. ^ Coulter, Carol. "Hogan set for High Court nomination". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  8. ^ "CURIA - Gerard Hogan". curia.europa.eu. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  9. ^ Martin, Seamus (15 March 1986). "The Saturday Column". The Irish Times. p. 16.
  10. ^ "Authors of the PD document". The Irish Times. 14 January 1988. p. 8.
  11. ^ "Admittance Day 2021". Royal Irish Academy. Archived from the original on 25 May 2021. Retrieved 26 May 2021.
  12. ^ "Announcement of six Judges Designate of the Court of Appeal". merrionstreet.ie. Archived from the original on 1 August 2020. Retrieved 28 May 2020.
  13. ^ a b "Membership of the Balance in the Criminal Law Review Group announced". Justice.ie. Archived from the original on 1 August 2020. Retrieved 28 May 2020.
  14. ^ a b Leahy, Pat (12 September 2018). "Irish judge takes up key role in European Court of Justice". The Irish Times. Archived from the original on 9 November 2020. Retrieved 9 December 2019.
  15. ^ "Supreme Court legal teams". The Irish Times. 5 April 1995. p. 5.
  16. ^ "Equal Status Bill hearing is fixed for next month". The Irish Times. 13 May 1997.
  17. ^ In the matter of Article 26 of the Constitution and in the matter of the Health (Amendment) (No. 2) Bill 2004, [2005 IESC 7] (Supreme Court of Ireland 16 February 2005).
  18. ^ "Appointments to the Court of Appeal". Department of the Taoiseach. 29 October 2014. Archived from the original on 8 February 2019. Retrieved 16 January 2016.
  19. ^ "Dr. Gerard Hogan SC nominated to the High Court". TCD.ie. Archived from the original on 1 August 2020. Retrieved 28 May 2020.
  20. ^ "Gerard Hogan SC nominated to High Court". Human Rights in Ireland www.humanrights.ie. 21 September 2010. Archived from the original on 5 March 2017.
  21. ^ "Gerard Hogan". www.law.upenn.edu. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  22. ^ a b "Lecture by Advocate General Gerard Hogan of the Court of Justice of the European Union". law.au.dk. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  23. ^ "Trainee garda dismissed over incident given leave to appeal". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  24. ^ "Court orders release from detention of two Romanians held in training unit". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  25. ^ "11th-hour reprieve from deportation granted". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  26. ^ "Court asked to continue order against Aer Rianta measures". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  27. ^ "Bank may have to pay costs". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  28. ^ Carolan, Mary. "Challenge by pharmacies opens in Commercial Court". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  29. ^ "Lesbian couple can challenge status". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  30. ^ "State says HSE has no power to stop girl leaving". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  31. ^ "High Court urged not to free sex offender". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  32. ^ Carolan, Mary. "Mr A's rearrest ordered as State appeal against release granted". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  33. ^ "Court appeal by families of Omagh bomb victims". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  34. ^ "Personal counsel for O'Malley". The Irish Times. 14 March 1992. p. 19.
  35. ^ "Transcript 325" (PDF). Moriarty Tribunal. Archived (PDF) from the original on 1 August 2020. Retrieved 28 May 2020.
  36. ^ "Higgins withdraws challenge to Morris tribunal". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  37. ^ "Court reserves judgment in Howlin case". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  38. ^ Minihan, Mary. "Callely mounts court challenge". The Irish Times. Archived from the original on 22 September 2021. Retrieved 28 May 2020.
  39. ^ "Man shot in house at Tallaght". The Irish Times. 12 January 1996. Archived from the original on 22 September 2021. Retrieved 25 April 2020.
  40. ^ "'Brains of the bench' Hogan has been a champion for the rights of citizens". Independent.ie. 28 July 2013. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  41. ^ Cox, Valerie. "Appalling ordeal of an extraordinary woman". Independent.ie. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  42. ^ "Court of Appeal judge nominated to European Court of Justice". Irish Times. 25 May 2018. Archived from the original on 10 July 2018. Retrieved 10 July 2018.
  43. ^ "EU Court of Justice: two advocates general and one judge appointed". www.consilium.europa.eu. Retrieved 6 October 2021.
  44. ^ "CURIA - Gerard Hogan". curia.europa.eu. Retrieved 16 October 2021.
  45. ^ "Adviser to EU court says settlement goods should be labeled". www.timesofisrael.com. Archived from the original on 24 December 2019. Retrieved 9 December 2019.
  46. ^ Crisp, James (12 November 2019). "EU's top court rules food from Israeli settlements must carry special label". The Telegraph. Archived from the original on 9 December 2019. Retrieved 9 December 2019.
  47. ^ "Judge Gerard Hogan nominated for appointment to the supreme court". www.thejournal.ie. Archived from the original on 20 April 2021. Retrieved 20 April 2021.
  48. ^ "Diary President Appoints Mr Justice Hogan To The Supreme Court". president.ie. Retrieved 15 October 2021.
  49. ^ Broderick, Eugene (17 May 2017). "Acknowledgements". John Hearne : Architect of the 1937 Constitution of Ireland. Irish Academic Press. ISBN 9781911024538. A special thank you to Mr Justice Gerard Hogan ... His wife, Karen Quirke, also gave help


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