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 required judicial reforms were not fully implemented before about €10bn was unfrozen.
The commission had suspended funds in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, it concluded Hungary had met conditions and restored access to the money. The European Parliament challenged that decision, claiming serious legal errors and suggesting political motives linked to EU support for Ukraine.
Ćapeta said the commission failed to properly assess Hungary’s reforms and lacked transparency in its decision. While her opinion is not binding, the court often follows such advice. Judges are expected to rule in the coming months.
If the court sides with parliament, the commission may need to recover funds through future budget adjustments. The case could set an important precedent for how the EU enforces rule-of-law standards. Meanwhile, Orbán faces growing domestic pressure from challenger Péter Magyar ahead of upcoming elections.
