Hungary to EU: Claw Back Our €10 Billion and You Must Demand Poland’s €137 Billion Too
Budapest’s EU affairs minister, János Bóka, has told POLITICO that if the European Commission decides to recover €10 billion of EU funds from Hungary, it will also have to demand the return of as much as €137 billion from Poland. This comes after the European Commission’s decision to free up €10 billion of EU funds to Hungary in December 2023, despite concerns over the country’s rule of law deficiencies and backsliding on judicial independence.
The decision to unfreeze the funds has been met with criticism from members of the European Parliament, who have condemned it as a political move to secure the support of Hungarian Prime Minister Viktor Orbán for Ukraine aid. The Court of Justice of the European Union Advocate General, Tamara Ćapeta, has recommended annulling the decision, which could mean that Hungary will have to return the funds if the court follows her opinion in its final ruling.
Bóka has argued that the Commission’s decision was lawful, but warned that if the Advocate General’s opinion is followed, the Commission would be legally required to freeze all EU money going to Poland as well. He pointed out that Poland, led by pro-EU Prime Minister Donald Tusk, had also received €137 billion in frozen funds in exchange for promised judicial reforms, which have since been blocked by President Karol Nawrocki.
The Hungarian minister’s comments have sparked concerns about the potential implications for Poland’s access to EU cash. EU law professors have cautioned that the funds for Poland and Hungary were frozen under different legal frameworks, but agree that the case is likely to set a precedent over how the Commission handles disbursements of EU funds to its members. If the court follows the Advocate General’s opinion, it could have significant repercussions for Poland, with some experts arguing that there could be a strong case against disbursing funds to the country.
The Commission is already withholding another €18 billion of Hungarian funds, and Bóka has accused the Commission of deciding not to engage in meaningful discussions on EU funds as the elections drew closer. With opposition leader Péter Magyar leading in the polls, the outcome of the April 12 election could have significant implications for Hungary’s access to EU funds and its relationship with the Commission.
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