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Gerard William Augustine Hogan, (born 13 August 1958) is an Irish judge, lawyer and academic who has served as a Judge of the
Supreme Court of Ireland , image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 ...
since October 2021. He previously served as Advocate General of the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
from 2018 to 2021, a Judge of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
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 Carrick-on-Suir () is a town in County Tipperary, Ireland. It lies on both banks of the River Suir. The part on the north bank of the Suir lies in the civil parish of "Carrick", in the historical barony of Iffa and Offa East. The part on the so ...
,
County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a county in Ireland. It is in the province of Munster and the Southern Region. The county is named after the town of Tipperary, and was established in the early 13th century, shortly after th ...
. He was born in 1958, to Mai and Liam Hogan. His father was the deputy principal of Christian Brothers secondary school in the town. He was educated at
University College Dublin University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland ...
, from where he received BCL and LLM degrees in 1979 and 1981. He co-authored his first book ''Prisoners' Rights: A Study in Irish Prison Law'' in 1981 with
Paul McDermott Paul Anthony Michael McDermott (born 13 May 1962) is an Australian entertainer, best known both for ''Good News Week'' and for his role as a member of the musical comedy group the Doug Anthony All Stars. He has frequently appeared at the Melb ...
and Raymond Byrne. He obtained a
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
memorial scholarship to study for an LLM at the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
. He subsequently attended the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
. He holds two doctorates – he holds an LLD from UCD and received a PhD in law from
Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
in 2001. Early in his legal career in 1986, he supported the
Anti-Apartheid Movement The Anti-Apartheid Movement (AAM), was a British organisation that was at the centre of the international movement opposing the South African apartheid system and supporting South Africa's non-White population who were persecuted by the policie ...
with other legal scholars, including
Mary McAleese Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
,
Mary Robinson Mary Therese Winifred Robinson ( ga, Máire Mhic Róibín; ; born 21 May 1944) is an Irish politician who was the 7th president of Ireland, serving from December 1990 to September 1997, the first woman to hold this office. Prior to her electi ...
and Bryan MacMahon. He was involved with the
Progressive Democrats The Progressive Democrats ( ga, An Páirtí Daonlathach, literally "The Democratic Party" ), commonly referred to as the PDs, was a conservative-liberal political party in the Republic of Ireland. Launched on 21 December 1985 by Desmond O'Mal ...
and in 1988 wrote the party's proposed new
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
with Michael McDowell. In May 2021, he was made a member of the
Royal Irish Academy The Royal Irish Academy (RIA; ga, Acadamh Ríoga na hÉireann), based in Dublin, is an academic body that promotes study in the sciences, humanities and social sciences. It is Ireland's premier List of Irish learned societies, learned socie ...
.


Legal career

He was called to the
Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
in July 1984 and became a
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
in 1997. He appeared domestically in cases in the High Court and the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and internationally at the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
and the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
. Hogan is noted in particular for his experience in constitutional law. He acted for the
Attorney General of Ireland The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...
in
reference Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
s made by President
Mary Robinson Mary Therese Winifred Robinson ( ga, Máire Mhic Róibín; ; born 21 May 1944) is an Irish politician who was the 7th president of Ireland, serving from December 1990 to September 1997, the first woman to hold this office. Prior to her electi ...
under Article 26 of the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appeared again for the Attorney General (with
Dermot Gleeson Dermot Gleeson SC (born 12 November 1949) is an Irish barrister who served as Attorney General of Ireland from 1994 to 1997. Educated in Blackrock College, Dublin and University College Dublin. Gleeson holds B.A. and LL.M degrees and qualif ...
and Paul Gallagher) in another reference made by President
Mary McAleese Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
regarding the Health (Amendment) (No. 2) Bill 2004. He was a law lecturer and fellow at
Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
from 1982 to 2007. He lectured on constitutional law, competition law and the law of tort. He is regarded as "one of the foremost constitutional and administrative lawyers in Ireland". 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. He has also written a text on political violence and a book where he chronicled the origins of the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
. During his career as a barrister he was involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law, and commercial law. He appeared for
Katherine Zappone Katherine Zappone (; born 25 November 1953) is an American-Irish independent politician who served as Minister for Children and Youth Affairs from May 2016 to June 2020. She was a Teachta Dála (TD) for the Dublin South-West constituency from ...
and
Ann Louise Gilligan Ann Louise Gilligan (27 July 1945 – 15 June 2017) was an Irish theologian who taught at Saint Patrick's College, Drumcondra (part of Dublin City University). A former nun, she was the wife of Katherine Zappone. In '' Zappone and Gilligan v. ...
in ''
Zappone v. Revenue Commissioners ''Zappone & Gilligan v. Revenue Commissioners & Ors'' 006IEHC 404 (also known as the KAL Case) was a High Court case which was one of the first major events in the debate on the recognition of same-sex marriage in Ireland. The plaintiffs Ann Lo ...
'' in the High Court and
Miss D Miss D refers to an abortion case in Ireland, Amy Dunne was a girl who wanted to travel to the United Kingdom for an abortion. Her identity was kept private at the time, and she was referred to only as Miss D. Amy Dunne was a teenage girl who bec ...
in her case related to the rights to travel abroad for an abortion. 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. In 2008, he acted for
Colm Murphy Colm Murphy (born 18 August 1952) is an Irish republican who was the first person to be convicted in connection with the Omagh bombing, but whose conviction was overturned on appeal.
and
Seamus Daly Seamus Daly (Irish: Séamus Ó Dálaigh) is an Irish republican from Kilmurray, Castleblayney, County Monaghan. He was charged with being a member of the Real Irish Republican Army (RIRA) in Dublin's Special Criminal Court in 2004, pleaded guil ...
in the Supreme Court who were contesting an action taken by families of victims of the
Omagh bombing The Omagh bombing was a car bombing on 15 August 1998 in the town of Omagh in County Tyrone, Northern Ireland. It was carried out by the Real Irish Republican Army (Real IRA), a Provisional Irish Republican Army (IRA) splinter group who oppose ...
when they were refused access to books of evidence. 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 Desmond Joseph O'Malley (2 February 1939 – 21 July 2021) was an Irish politician who served as Minister for Industry and Commerce from 1977 to 1981 and 1989 to 1992, Leader of the Progressive Democrats from 1985 to 1993, Minister for Trade, ...
at the
Beef Tribunal The Tribunal of Inquiry into the Beef Processing Industry, also known as the Beef Tribunal, was established on 31 May 1991, chaired by Mr. Justice Liam Hamilton. It was set up to inquire into malpractice in the Irish beef processing industry, m ...
in 1992,
Dermot Desmond Dermot Desmond (born 14 August 1950) is an Irish businessman and financier. He is estimated to be worth €2.04 billion and is ranked by the ''Sunday Independent'' as the ninth-richest person in Ireland. Early life and education Desmond was b ...
at the
Moriarty Tribunal The Moriarty Tribunal, officially called the Tribunal of Inquiry into certain Payments to Politicians and Related Matters, was an Irish Tribunal of Inquiry established in 1997 into the financial affairs of politicians Charles Haughey and Michael ...
in 2004, and Jim Higgins and
Brendan Howlin Brendan Howlin (born 9 May 1956) is an Irish Labour Party politician who has been a Teachta Dála (TD) for the Wexford constituency since 1987. He previously served as Leader of the Labour Party from 2016 to 2020, Minister for Public Expenditu ...
in actions related to the
Morris Tribunal The Morris Tribunal was a public inquiry to address allegations of the 1990s and early 2000s against the Garda Síochána, the national police force of Ireland. Subjects explored included suggestions of corrupt and dishonest policing in County ...
. He acted for the Committee on Members’ Interests of Seanad Éireann in action taken by
Ivor Callely Ivor Callely (born 6 May 1958) is an Irish former politician who served as a Fianna Fáil Teachta Dála (TD) for the Dublin North-Central constituency from 1989 to 2007 and a member of Seanad Éireann from 2007 to 2011, having been nominated b ...
. 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. 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 The Department of Justice ( ga, An Roinn Dlí agus Cirt) is a department of the Government of Ireland. It is led by the Minister for Justice who is assisted by a Ministers of State. The department's mission is to maintain and enhance community ...
'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.


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. He was one of three judges who heard a case taken by Marie Fleming, seeking a
right to die The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without t ...
in 2012. His reference to the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
in 2014 regarding the
International Safe Harbor Privacy Principles The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from ...
, resulted in a declaration by the Grand Chamber that the Safe Harbour Decision was invalid.


Court of Appeal

He subsequently became a Judge of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
upon its establishment in October 2014.


Advocate General of the European Court of Justice

In May 2018, he was nominated by the
Government of Ireland The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland. The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The governm ...
for appointment as the Advocate General to the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
. His term began in October 2018 and would have expired in October 2024. Anthony Collins was appointed in 2021 to complete his term following his appointment to the Supreme Court. Hogan concluded his term on 7 October 2021. 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 Israeli-occupied territories are the lands that were captured and occupied by Israel during the Six-Day War of 1967. While the term is currently applied to the Palestinian territories and the Golan Heights, it has also been used to refer to a ...
should indicate if these products come from such a territory. His opinion was followed by the Court of Justice.


Supreme Court

In April 2021, the Irish government nominated him to the
Supreme Court of Ireland , image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 ...
. He was appointed in October 2021.


Personal life

Hogan is married to Karen Quirk.


References

{{DEFAULTSORT:Hogan, Gerard Living people Advocates General of the European Court of Justice Alumni of University College Dublin Judges of the Supreme Court of Ireland Judges of the Court of Appeal (Ireland) High Court judges (Ireland) University of Pennsylvania Law School alumni Alumni of Trinity College Dublin Members of the Royal Irish Academy 1958 births 21st-century Irish judges 20th-century Irish lawyers Alumni of King's Inns