The Advocate General of the European Court has stated that Hungary should not have been granted 10 billion euros in EU funds that were previously frozen due to rule of law concerns. This opinion comes in the wake of the European Commission's December 2023 decision to release the frozen funds. The European Parliament has challenged this decision in court, accusing the Commission of yielding to Prime Minister Viktor Orban, who obstructed aid to Ukraine.

The European Parliament argues that Hungary has not fulfilled the rule of law criteria set by the Commission, which would justify the release of the funds. In her opinion, Advocate General Tamara Capeta sided with the Parliament, asserting that the Court should annul the Commission's decision, which was made without sufficient explanation. She emphasized that the Commission must not disburse EU funds to a member state until the requisite legislative reforms are in place and effectively enforced.

Although the Advocate General's opinions are not binding, they can influence the direction of the Court's final ruling. This case has significant implications for EU funding and the enforcement of rule of law principles among member states, highlighting ongoing tensions between the EU and Hungary over governance issues under Prime Minister Orban's administration.