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 suspended EU funds.
The commission froze payments in 2022 over concerns about corruption and rule-of-law breaches under prime minister Viktor Orbán. In 2023, it concluded that sufficient reforms had been made and lifted the suspension. The European Parliament challenged that decision, claiming the commission committed serious errors.
Ćapeta said the commission had not properly assessed whether reforms were fully in force and effectively applied. She stressed that EU funds should not be disbursed until conditions are genuinely met. While her opinion is not binding, judges often follow such advice, and a final ruling is expected in the coming months.
If the court sides with parliament, the commission may need to recover the funds through future budget reductions. The case could set a major precedent for how the EU enforces rule-of-law standards among member states.
