The top legal adviser of the European Court of Justice, Tamara Ćapeta, has stated that the European Commission's decision to unfreeze billions of euros in payments to Hungary should be annulled. This recommendation stems from the belief that Hungary has not yet fulfilled the necessary judicial reforms, which were preconditions for the release of these funds. The advocate general highlighted that the funds were initially frozen in 2022 over serious concerns regarding Hungary's adherence to democratic principles and the rule of law under Prime Minister Viktor Orbán's administration.

In 2022, the European Commission withheld approximately €10 billion from Hungary due to rising worries about systemic corruption and the lack of judicial independence within the country. Despite these concerns, the Commission later assessed that Hungary had made sufficient changes to warrant the release of the funds, thus lifting the suspension. However, this decision has been contested, as the European parliament subsequently filed a complaint regarding the Commission's handling of the situation.

Ćapeta's advice to annul the funding decision reflects ongoing tensions between EU institutions and Hungarian authorities regarding governance issues. The case underscores a deeper scrutiny of Hungary’s compliance with EU norms on democracy and legal standards, which could have implications for future EU financial disbursements to member states that may be seen as infringing upon these principles.