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Budapest opposes EU legal opinion on funds, arguing that such a decision would also have consequences for Warsaw
Hungary has warned the European Union that if Brussels decides to recover 10 billion euros in funds unblocked in 2023, it should also demand up to 137 billion euros from Poland. The statement was made by Hungarian Minister for EU Affairs János Boka in an interview with Politico.
The European Commission decided in December 2023 to unblock 10 billion euros for Hungary, funds that had previously been frozen due to concerns over the rule of law and the independence of the judiciary. The decision was criticized by members of the European Parliament, who saw it as a political move to secure Prime Minister Viktor Orban's support for aid to Ukraine.
On February 12, the Advocate General of the Court of Justice of the EU, Tamara Ćapeta, recommended the annulment of this decision, arguing that the funds were released before the required legal reforms entered into force. If the court follows this opinion in the final decision, Hungary could be forced to return the funds.
Boka opposed this position, calling the opinion “legally excessive” and warning of wider consequences. According to him, such a decision would mean that the Commission would also have to freeze funds for Poland, which is led by pro-European Prime Minister Donald Tusk.
In February 2024, the Commission released around €137 billion to Poland in exchange for promised justice reforms. However, these reforms have been blocked by President Karol Nawrocki, creating institutional tensions and uncertainty over the continuation of funding.
Bóka argued that the situation in Poland is similar to that of Hungary, as funds have been released without reforms being fully implemented. He added that this shows a double standard in the European Commission's decision-making.
Meanwhile, the Commission continues to keep another 18 billion euros frozen for Hungary, including cohesion and post-pandemic recovery funds.
Legal experts remain cautious in their assessments. They point out that the cases of Hungary and Poland are handled under different legal frameworks, although a final decision could set a precedent for how the EU manages funds towards member states.
EU law professor Jacob Oberg believes there may be grounds to object to Poland's funding, but it is not certain that the court will follow the advocate general's opinion. Paul Dermine from the Université Libre de Bruxelles thinks the court could follow this opinion, considering the violation in the Hungarian case to be clear.
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