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Beside’s a rather impressive shaking of the head by Dave, there’s a larger point here: We are watching the development of a constitutional convention (thread)
The legal position is stated by @FrDe2059 in this tweet: the European Council proposes the candidate - not the EP.
However, the EP gets to vote in the end - so the factual political power is with the EP. And if the EP is clear enough, strong enough, coherent enough - and if it is likely enough that it will vote down other candidates, it might well get its Spitzenkandidat.
This would then be the second time that a Spitzenkandidat wins. Over time, this could harden. And there’s an eery parallel to UK law.
In the UK it is the Queen who appoints the Prime Minister. That is the rule. By constitutional convention she appoints the person most likely to command the confidence of the Commons, typically the leader of the winning party. The Spitzenkandidat. If you want.
