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 carry out the judicial reforms required to unlock about €10bn in frozen funds.
The European Commission suspended payments in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, the commission concluded that Hungary had made sufficient reforms and lifted the suspension, making the country eligible for funding.
The European Parliament challenged that decision, claiming the commission made serious errors and lacked transparency. Some lawmakers suggested the move was politically timed ahead of a summit requiring Orbán’s backing for Ukraine aid.
Ćapeta said the commission failed to properly assess whether reforms were fully implemented and applied. While her opinion is not binding, judges often follow such advice. If the court sides with parliament, the commission may need to recover the funds by reducing future payments. The ruling could set a key precedent on how EU institutions enforce rule-of-law conditions.
