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 around €10bn in suspended funds.
The commission froze payments in 2022 over concerns about corruption and rule-of-law backsliding under Prime Minister Viktor Orbán. In 2023, it concluded that Hungary had made sufficient reforms and lifted part of the suspension. The European Parliament challenged that decision, claiming the commission committed serious errors.
Ćapeta said the commission inadequately assessed Hungary’s judicial reforms and failed to explain its decision transparently. While her opinion is not binding, judges often follow such advice. A final ruling is expected in the coming months and could force the commission to recover funds through future budget cuts.
The case may set a key precedent on how the EU enforces rule-of-law conditions. Orbán, who denies wrongdoing, faces mounting domestic pressure ahead of elections, with challenger Péter Magyar polling strongly.
