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 carry out the judicial reforms required to unlock the funds.
The European Commission froze payments in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, the commission lifted the suspension, making about €10bn available after concluding reforms were sufficient.
The European Parliament challenged that decision, claiming the commission made serious legal errors and acted without transparency. Some lawmakers suggested the move was politically timed ahead of a summit requiring Orbán’s support for Ukraine aid.
Ćapeta said the commission incorrectly applied its own conditions and allowed disbursement without adequate justification. 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 or adjust future payments.
Orbán, who faces a strong electoral challenge from Péter Magyar and the Tisza party, has repeatedly accused the EU of using funding as political pressure. The court’s decision is expected to set a major precedent for future rule-of-law disputes within the bloc.
