The top legal adviser to the European Court of Justice has said billions of euros were wrongly released to Hungary. Tamara Ćapeta, advocate general at the court, argued the European Commission should not have unfrozen about €10bn because required judicial reforms were not properly implemented.
The commission had suspended funds in 2022 over concerns about corruption and rule-of-law backsliding under Prime Minister Viktor Orbán. In 2023, it lifted the suspension, saying Hungary had met the necessary conditions. The European Parliament challenged that decision, claiming the commission made serious errors.
Ćapeta said the commission failed to adequately assess reforms and lacked transparency in allowing the payments. Although 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 reductions.
The case could set an important precedent for how EU institutions enforce rule-of-law standards. Orbán, who has accused Brussels of political interference, faces a strong electoral challenge from Péter Magyar and his Tisza party ahead of April elections.
