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 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 reforms were sufficient and lifted the suspension. The European Parliament challenged that decision, claiming the commission made serious legal errors.
Ćapeta said the commission did not properly assess whether reforms were fully in force and applied. She added that EU funds should not be disbursed until required changes are effectively implemented. Although her opinion is not binding, the court often follows such advice.
If judges side with parliament, the commission could face pressure to recover funds through future budget adjustments. The case may set a key precedent for how the EU enforces rule-of-law conditions on member states.
