Advocate General of the Court of Justice: The Commission should not have released funds to Hungary

The Court of Justice of the European Union should annul the European Commission's 2023 decision to lift the suspension of EU funds to Hungary, said Tamara Ćapetaová, Advocate General of the Court of Justice of the European Union, on Thursday, adding that the reforms demanded by Budapest have not yet taken effect.

In 2022, the Commission suspended payments to Hungary due to concerns about corruption, threats to the rule of law, and the weakening of democracy.

A year later, the Commission concluded that Hungary had met the conditions set and lifted the suspension, entitling the country to approximately €10 billion from various European Union funds.

However, the European Parliament filed a lawsuit with the EU Court of Justice, asking for the decision to be overturned. It claims that the Commission made "manifestly incorrect assessments" and abused its powers.

The Advocate General sided with the Parliament, stating that the Commission had failed to adequately assess the reforms of the Hungarian judiciary. "The Commission cannot pay EU funds to a Member State until the required legislative reforms are in place and effectively implemented," she added.

According to her, the Commission also failed to respond to developments that could weaken the reforms or offset their effect. The opinion of the Advocate General is not legally binding, but the court often follows it.

(reuters, lud)