A senior legal adviser to European Court of Justice has said the European Commission should not have released billions of euros to Hungary. Advocate general Tamara Ćapeta argued the funds were unfrozen even though required judicial reforms had not been properly implemented.
The commission suspended payments in 2022 over concerns about corruption and rule-of-law breaches under prime minister Viktor Orbán. In 2023, it concluded Hungary had met reform conditions and restored access to about €10bn in EU funding. The European Parliament challenged the decision, claiming serious legal errors and suggesting political motives linked to support for Ukraine.
Ćapeta said the commission failed to adequately assess Hungary’s reforms and lacked transparency in its reasoning. While her opinion is not binding, it is often followed by the court. Judges are expected to rule in the coming months.
If the court sides with parliament, the commission may need to recover the funds by reducing future payments. The case could set a key precedent on how EU institutions enforce rule-of-law standards across member states.
