No, its the website's choice. They want to track you. The government said they need permission to do that. They could offer a better experience by just not tracking you.

The result is entirely predictable. They picked it.

No, the websites picked it. They consciously made cookie banners as annoying as possible so that you would give up and accept.

The government defined the options, the outcome was predictable. They should have defined different options.

You're both right. The government could have just made it illegal.