The top legal adviser to the European Court of Justice has said the European Commission should not have released billions of euros to Hungary. Advocate general Tamara Ćapeta argued that Hungary failed to implement the judicial reforms required to unlock about €10bn in EU funds.
The European Commission froze the money in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, it lifted the suspension, saying Hungary had met the conditions. The European Parliament challenged that decision, claiming the commission made serious errors and acted without transparency.
Ćapeta said the commission incorrectly applied the requirements and failed to explain its reasoning. She stressed that EU funds should not be disbursed until reforms are fully enacted and effectively applied. Although her opinion is not binding, court judges often follow such advice in their final rulings.
If the court sides with parliament, the commission could be forced to recover the funds by reducing future payments. The case may set an important precedent for how the EU enforces rule-of-law conditions. Orbán, who faces a strong electoral challenge from Péter Magyar and his Tisza party, has repeatedly accused Brussels of political interference.
