Gerard Hogan

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Gerard Hogan
Advocate General of the European Court of Justice
Assumed office
8 October 2018
Nominated byGovernment of Ireland
PresidentKoen Lenaerts
Preceded byMelchior Wathelet
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 61)
Carrick-on-Suir, County Tipperary, Ireland
NationalityIrish
Alma mater

Gerard William Augustine Hogan[1] (born 13 August 1958) is an Irish lawyer and academic is currently an Advocate General of the European Court of Justice. He was formerly a Judge of the Irish Court of Appeal and the High Court.

Early career[edit]

Hogan is from Carrick-on-Suir, County Tipperary. His father was the deputy principal of Christian Brothers secondary school in the town.[2] He was educated at University College Dublin, the University of Pennsylvania, and the King's Inns. He received a PhD in law from Trinity College Dublin in 2001.[3] He was called to the Bar in 1984 and became a Senior Counsel in 1997. He acted for the Attorney General of Ireland in a reference made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Employment Equality Bill of 1997.[4] 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.[5]

He was a law lecturer and fellow in Trinity College Dublin from 1982 to 2007.[6] He is regarded as "one of the foremost constitutional and administrative lawyers in Ireland".[7] 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.[8] He has also written a text on political violence and a book where he chronicled the origins of the Constitution of Ireland.[9]

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.[10]

Judicial career[edit]

High Court[edit]

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.[11] He was one of three judges who heard a case taken by Marie Fleming, seeking a right to die in 2012.[12] 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.[9]

Court of Appeal[edit]

He subsequently became as a Judge of the Court of Appeal upon its establishment in October 2014.[13]

Advocate General[edit]

In May 2018, he was nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice.[14] His term began in October 2018 and will expire in October 2024.[2]

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.[15] His opinion was followed by the Court of Justice.[16]

References[edit]

  1. ^ "University and College Officers" (PDF). Retrieved 3 March 2020.
  2. ^ a b "Tipperary judge nominated to European Court of Justice". www.tipperarylive.ie. Retrieved 9 December 2019.
  3. ^ "CURIA - Gerard Hogan". curia.europa.eu. Retrieved 9 December 2019.
  4. ^ "Equal Status Bill hearing is fixed for next month". The Irish Times. 13 May 1997.
  5. ^ 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).
  6. ^ "Appointments to the Court of Appeal". Department of the Taoiseach. 29 October 2014.
  7. ^ "Gerard Hogan SC nominated to High Court". Human Rights in Ireland www.humanrights.ie. 21 September 2010. Archived from the original on 2017-03-05.
  8. ^ "Gerard Hogan". www.law.upenn.edu. Retrieved 9 December 2019.
  9. ^ a b "Lecture by Advocate General Gerard Hogan of the Court of Justice of the European Union". law.au.dk. Retrieved 9 December 2019.
  10. ^ "Man shot in house at Tallaght". The Irish Times. 12 January 1996. Retrieved 25 April 2020.
  11. ^ "'Brains of the bench' Hogan has been a champion for the rights of citizens". Independent.ie. 28 July 2013. Retrieved 9 December 2019.
  12. ^ Cox, Valerie. "Appalling ordeal of an extraordinary woman". Independent.ie. Retrieved 9 December 2019.
  13. ^ Leahy, Pat (12 September 2018). "Irish judge takes up key role in European Court of Justice". The Irish Times.
  14. ^ "Court of Appeal judge nominated to European Court of Justice". Irish Times. 25 May 2018.
  15. ^ "Adviser to EU court says settlement goods should be labeled". www.timesofisrael.com. Retrieved 9 December 2019.
  16. ^ Crisp, James (12 November 2019). "EU's top court rules food from Israeli settlements must carry special label". The Telegraph. Retrieved 9 December 2019.