The Citizenship Act contains several provisions that provide for the revocation of citizenship. Revocation is understood to mean the loss of citizenship as a result of administrative proceedings: at the end of the proceedings, a decision is issued “revoking” citizenship. At the same time, revocation represents the most serious form of loss of citizenship in the overall context of citizenship law.
For example, the provision in Section 32 of the Citizenship Act, according to which citizenship is to be revoked if someone “voluntarily enters the military service of a foreign state,” is very well known. However, this does not apply to Jan Marsalek, who may have provided information to the Russian state but did not join its armed forces, according to the research that has come to light.
Section 33 (1) of the Citizenship Act contains another provision that may be relevant here:
A citizen who is in the service of a foreign state shall, unless § 32 already applies, be deprived of citizenship if his conduct significantly damages the interests or reputation of the Republic.
Someone who provides information to the secret service of a foreign state could be regarded as a person who is “in the service of a foreign state.” However, further elements of the offense are required for revocation. The conduct of this person, which he carries out “in the service of the foreign state,” must significantly damage the interests or reputation of the Republic of Austria. Espionage is clearly to be regarded as conduct that damages the interests of the Republic.
In an interview with "Der Standard", citizenship law expert Balazs Esztegar LL.M. explains the legal background to the possibilities of revoking citizenship, which in such cases (as well as in cases of voluntary entry into foreign military service) could in principle also lead to statelessness.