The top legal adviser to the European Court of Justice has said billions of euros in EU funds were wrongly released to Hungary. Advocate general Tamara Ćapeta argued the European Commission should not have lifted the suspension because required judicial reforms were not fully implemented.
The commission froze payments in 2022 over concerns about corruption and rule-of-law backsliding under prime minister Viktor Orbán. In 2023, it concluded Hungary had met the conditions and made about €10bn available. 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. She stated that EU funds should not be disbursed until legislative changes are both in force and effectively applied. Although her opinion is not binding, the court often follows such advice. A final ruling is expected 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 conditions on member states.
