The top 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 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 lifted part of the suspension, saying Hungary had met the conditions. The European Parliament challenged that decision, claiming the commission made serious errors and acted without proper transparency.
Ćapeta said the commission incorrectly assessed Hungary’s reforms and allowed disbursement without sufficient explanation. 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 by cutting future payments.
The case may set a major precedent for how EU institutions enforce rule-of-law conditions. Orbán, who faces a strong electoral challenge from Péter Magyar and his Tisza party, has repeatedly accused Brussels of political interference.
