The top adviser to the European Court of Justice has said the European Commission should not have released billions of euros in funding to Hungary, arguing that the country had not carried out the required judicial reforms. Advocate General Tamara Ćapeta said on Thursday that the court should annul the Commission's decision to unfreeze about €10bn in payments.
The Commission had suspended the funds in 2022 over concerns about democratic backsliding, corruption and judicial independence under Prime Minister Viktor Orbán. A year later, it lifted the suspension after concluding that Hungary had made sufficient changes, but the European Parliament challenged the decision in 2024.
In her non-binding opinion, Ms Ćapeta said the Commission had failed to properly assess Hungary's judicial reforms and had incorrectly applied the requirements. She criticised the lack of transparency, stating that the Commission may not disburse funds until reforms are in force and effectively applied.
The case comes as Orbán faces a tough election challenge from centrist Péter Magyar, who has promised to restore the rule of law. If the court sides with Parliament, the Commission may have to recoup the money by reducing future funding, setting an important precedent for rule-of-law enforcement.
